2012 (2) TMI 544 - HC - Central Excise

Summary

Issues involved: Appeal u/s 35-G of Central Excise Act against Tribunal's order on use of pentaeryphritol in final product.

Summary:

Issue 1: Use of pentaeryphritol in final product
The Commissioner of Central Excise appealed against the Tribunal's order stating that the final product did not contain pentaeryphritol based on test reports. The Tribunal held that the respondent-assessee wrongly claimed modvat credit for using pentaeryphritol in the manufacture of cable filling compound. The Revenue relied on test reports from scientific experts, but the respondent-assessee cross-examined the expert and explained the reasons for not using pentaeryphritol after a surprise search found it in their premises. The Tribunal dismissed the appeal, stating no substantial question of law arises and the order is not perverse.

Conclusion:
The High Court dismissed the appeal, finding no substantial question of law and upholding the Tribunal's decision regarding the use of pentaeryphritol in the final product.