2013 (11) TMI 1663 - HC - Central Excise

Summary

Issues involved: Determination of correct amount of Modvat Credit to be reversed u/s Special Scheme dated 04.01.1997, appointment of Cost Accountant, submission of figures and calculations by petitioners, explanation to be provided by petitioners, submission of report by Cost Accountant, consideration of report by adjudicating authority, determination of correct amount of Modvat Credit, liability for interest in case of short reversal, availability of Modvat (Cenvat) benefit in case of excess reversal, challenge to adjudication order on merits.

In the judgment, the High Court directed the Chief Commissioner/Commissioner to appoint a Cost Accountant to determine the correct amount of Modvat Credit to be reversed u/s the Special Scheme dated 04.01.1997. The petitioners were instructed to submit figures and calculations to facilitate the Cost Accountant in carrying out the exercise. The Cost Accountant was mandated to provide an opportunity to the petitioners or their authorized representatives to explain the accounts and the manner in which they have reversed the Modvat Credit. Subsequently, the Cost Accountant was required to submit a report to the Excise Department with a copy to the petitioner. The adjudicating authority/Commissioner was then tasked with considering the report and determining the correct amount of Modvat Credit required to be reversed, after providing adequate opportunity to the petitioner. The order was to specify whether any excess or short reversal had occurred, with appropriate directions/orders to be passed accordingly. In case of short reversal, the petitioner would be liable to pay interest at a rate of 20% per annum as per the undertaking recorded in the order dated 31.01.1997. Conversely, in case of excess reversal, the Modvat (Cenvat) benefit on the said Modvat Credit would be made available to the petitioner, and requisite certificates would be issued. The judgment clarified that the rate of interest, as fixed by the High Court order, would not be interfered with. It was further noted that upon payment being made in accordance with the order and the adjudication order, the scheme would be considered satisfied. The writ petition was disposed of with no costs, and it was stated that in case of an adverse order, the petitioner could challenge the adjudication order on merits but not on the rate of interest.