2009 (3) TMI 844 - AT - Central Excise

Summary

Issues involved: Extension of Modvat credit, non-filing of Modvat declaration.

Extension of Modvat credit: The Revenue appealed against the Commissioner (Appeals) decision to extend Modvat credit to the assessees. The Commissioner (Appeals) allowed the credit as part of the amount was held to be available as credit covering invoices with the endorsement "Non-Modvat" and due to the assessees not filing a declaration as required under the Modvat scheme.

Non-filing of Modvat declaration: The assessees did not file a Modvat declaration as they believed they were eligible for exemption under a specific notification. They only considered claiming Modvat credit when the exemption was denied, and they were required to pay duty. The Tribunal found that the assessees satisfactorily explained the reasons for invoices bearing the "Non-Modvat" endorsement, as they were claiming exemption and could not simultaneously claim Modvat credit. The invoices indicated that duty was paid on the inputs, which were not disputed to be unused in the final product manufacturing.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision to extend the Modvat credit to the assessees, finding no error in the reasoning provided. The appeal by the Revenue was rejected, and the cross-objection filed by the assessee in response to the Revenue was dismissed.