2009 (3) TMI 907 - AT - Central Excise

Summary

Issues:
- Dispute regarding whether the activity of producing tensile steel strappings amounts to manufacture.
- Validity of duty demand and rejection of Modvat credit claimed by the appellants.

Analysis:
1. Manufacture of Tensile Steel Strappings:
The appellants were clearing tensile steel strappings without payment of duty, arguing that no manufacture was involved. The Tribunal in Final Order No. 493/2005 held that the activity amounts to manufacture. The Commissioner confirmed the duty demand of Rs. 11,05,113/- and rejected the Modvat credit claimed by the appellants, citing lack of exact quantity documentation. The appellants had purchased duty paid cold rolled steel strips for manufacturing, with a small percentage used for steel seals. The Tribunal directed the adjudicating authority to calculate and recover the duty after granting Modvat credit based on proper evidence. The appellants argued that since they procured inputs under proper documents with payment of Central Excise duty, the entire duty paid should be available as input credit. The Tribunal agreed, noting that all inputs were covered by gate passes, allowing the appeal with consequential relief.

2. Duty Demand and Modvat Credit:
The Commissioner's order confirmed the duty demand and rejected the Modvat credit claimed by the appellants due to insufficient documentation on the exact quantity of input used in manufacturing the strappings. The appellants contended that as per Tribunal directions, only duty paying documents showing procurement of inputs were required as evidence. They argued that the utilization of credit could only be denied if the Revenue proved that the inputs were not used in manufacturing or were diverted. The Tribunal, after careful consideration, found that the appellants had procured inputs under proper documents with Central Excise duty payment, and that the entire duty paid was available for input credit. Consequently, the Tribunal allowed the appeal of the appellant with consequential relief.