2009 (3) TMI 781 - AT - Central Excise

Summary

Issues:
1. Appeal against vacating of demand and penalty by Commissioner (Appeals).
2. Eligibility of Modvat benefit and Section 4(4)(d)(ii) benefit for clearances made without following statutory formalities.

Analysis:
1. The appeal was filed by the Revenue against the order of the Commissioner (Appeals) vacating a demand of Rs. 23,667/- and a penalty of Rs. 6,000/- imposed on the respondents, who were job workers. The issue arose when the respondents manufactured "twisted polyester filament yarn" on a job work basis during July '99 and cleared the goods without paying duty. The original authority found that the goods were not covered by the small scale exemption, and excise duty was due on the clearances. However, the Commissioner (Appeals) held that the respondents were eligible for Modvat benefit on duty paid inputs, and the clearances were not liable for any duty considering the assessable value as cum-duty value after allowing Modvat credit.

2. In the appeal, the Revenue contended that the Commissioner (Appeals) wrongly allowed Modvat benefit and the benefit under Section 4(4)(d)(ii) of the Central Excise Act. It was argued that since the respondents did not follow statutory formalities while manufacturing and clearing excisable goods, they were not entitled to the benefits mentioned. The Revenue also claimed that the impugned clearances should not be eligible for Modvat credit. However, upon hearing both sides, the Tribunal found that the Revenue's argument for restoration of the original authority's order based on the lack of statutory formalities for Modvat benefit and Section 4(4)(d)(ii) benefit was legally incorrect. Consequently, the Tribunal rejected the Revenue's appeal as lacking merit.

This judgment clarifies the eligibility of Modvat benefit and Section 4(4)(d)(ii) benefit for clearances made without following statutory formalities, emphasizing that such clearances can still be eligible for these benefits.