2008 (12) TMI 593 - AT - Central Excise

Summary

Issues:
- Duty demanding on sulphuric acid used in manufacturing fertilizers at Nil rate
- Relying on CESTAT's decision regarding Modvat credit denial
- Overruling of Aarti Drugs Ltd. case by Larger Bench

Analysis:

1. Duty demanding on sulphuric acid used in manufacturing fertilizers at Nil rate:
The ROM application filed by the Revenue pertained to Final Order No. 856/2007, which involved the issue of demanding duty on sulphuric acid used in manufacturing fertilizers cleared at a Nil rate due to exemptions under various notifications. The Revenue argued that there was a mistake in the order as it relied on a CESTAT decision related to Modvat credit denial, which was not the issue at hand. The Tribunal acknowledged this discrepancy and decided to recall the Final Order for fresh hearing on 20th February 2009.

2. Relying on CESTAT's decision regarding Modvat credit denial:
The Revenue contended that the Final Order erroneously relied on a CESTAT decision concerning the denial of Modvat credit, which was not the central issue in the case. The Tribunal recognized this error and agreed that the reliance on the previous decision was misplaced, leading to the decision to recall the Final Order for a reevaluation of the matter.

3. Overruling of Aarti Drugs Ltd. case by Larger Bench:
The Advocate for the Revenue highlighted that the decision in the Aarti Drugs Ltd. case, which formed the basis of the Tribunal's order in the present case, had been overruled by a Larger Bench in the Rallies India Ltd. case. This overturning of precedent raised concerns about the validity of the Tribunal's reliance on the earlier decision. Consequently, in the interest of justice, the Tribunal decided to recall the Final Order and scheduled a fresh hearing to address the issues raised in light of the updated legal position established by the Larger Bench's ruling.

In conclusion, the judgment by the Appellate Tribunal CESTAT, Bangalore involved a careful reconsideration of the Final Order in response to the Revenue's ROM application, focusing on the correct application of law regarding duty demands on sulphuric acid, the relevance of prior CESTAT decisions, and the impact of subsequent rulings on established case law. The decision to recall the Final Order for a fresh hearing demonstrated the Tribunal's commitment to ensuring a just and legally sound resolution of the dispute at hand.