2010 (10) TMI 893 - AT - Central Excise

Job work - appellant was manufacturing and clearing the product without payment of Central Excise duty and without observing any central excise formalities - whether the learned Commissioner was correct in allowing the benefit of Modvat credit to the respondents in this case or not based upon Chartered Accountant s certificate only - duty liability was worked out on the basis of a Chartered Accountant s Certificate and the Modvat eligibility was arrived at based on the Chartered Accountant s Certificate and verification about duty paid nature of the raw material/packing material and the quantum of excise duty credit available thereon were not done - in the absence of any challenge to Chartered Accountant s Certificate, and any contrary evidence to suggest that the inputs/raw material which were consumed by the assessee were not duty paid, order is correct and legal. Appeal of the Revenue being devoid of merits is rejected

Summary

Issues:
- Central Excise duty liability on manufacturing and clearance of product
- Eligibility of Modvat credit based on Chartered Accountant's certificate
- Compliance with Modvat/Cenvat Credit Rules

Central Excise Duty Liability:
The case involved an appeal by the Revenue against an order proposing to demand central excise duty from the appellant for manufacturing and clearing a product without payment of duty. The product was considered excisable under Chapter sub-heading 1702.21 of the Central Excise Tariff. The adjudicating authority confirmed the demands raised in the show cause notice, leading to an appeal by the appellant before the Tribunal. After remand and de novo adjudication, the Tribunal held in favor of the appellant regarding the incorrect invocation of limitation and directed the appellant to discharge duty from a specific period. The Revenue was aggrieved by the grant of Modvat credit to the appellant by the adjudicating authority.

Eligibility of Modvat Credit:
The main issue revolved around the eligibility of the appellant for Modvat credit based on a Chartered Accountant's certificate. The Revenue contended that the eligibility was determined solely based on the certificate without verifying the duty paid nature of raw materials, which was not in accordance with the Modvat/Cenvat Credit Rules. However, the adjudicating authority accepted the certificate to quantify the duty liability for a specific period. The Tribunal found that the Revenue did not challenge the certificate during earlier proceedings, and in the absence of contrary evidence, upheld the benefit of Modvat credit for the appellant.

Compliance with Modvat/Cenvat Credit Rules:
The Tribunal analyzed the grounds of appeal by the Revenue, which highlighted the lack of verification regarding the duty paid nature of raw materials and packing materials. The adjudicating authority relied on the Chartered Accountant's certificate to determine the Modvat credit eligibility. The Tribunal found no challenge to the certificate and no contrary evidence presented by the Revenue. Relying on case law and considering the lack of merit in the Revenue's appeal, the Tribunal upheld the impugned order as correct and legal, rejecting the appeal.

In conclusion, the judgment addressed the central excise duty liability, the eligibility of Modvat credit based on a Chartered Accountant's certificate, and the compliance with Modvat/Cenvat Credit Rules. The Tribunal found in favor of the appellant, emphasizing the acceptance of the certificate in absence of challenges or contrary evidence, leading to the rejection of the Revenue's appeal.