2007 (5) TMI 136 - AT - Central Excise

Cenvat/Modvat - Department contended that respondent is not entitle for re-credit on the ground that re-credit is procedurally wrong but credit allowed by the Commissioner(A) - Held that Commissioner(A) decision was correct and allowed

Summary

Issues:
Appeal against Commissioner (Appeals) order dated 27-1-2006 regarding credit of duty, validity of debiting and recrediting, imposition of penalty, verification of refund claim, legality of reversal of credit.

Analysis:
The case involved an appeal by the Department against the Commissioner (Appeals) order dated 27-1-2006. The respondent had received POY from a supplier and took credit of duty based on duty paying documents. Subsequently, the officers discovered credit notes issued by the supplier to the respondent, leading to the debiting of proportionate credit. However, upon further investigation, it was clarified that there was no change in the assessable value of the supplied goods. The appellant held the debiting of credit as improper and recredited the amount. The original authority confirmed a demand and imposed a penalty, which was challenged before the Commissioner (Appeals).

The Commissioner (Appeals) held that the reversal of credit on 2-12-95 was incorrect, and although the recrediting on 16-8-97 was procedurally flawed, the respondent was eligible for the credit. The officers did not verify if any refund was claimed by the supplier after issuing the credit notes, leading to the reversal of credit based on incorrect grounds. The Tribunal found the Commissioner (Appeals)'s decision reasonable and legally sustainable, noting the lack of valid grounds to interfere with the findings. Consequently, the appeal by the Department was rejected.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision, emphasizing the importance of proper verification before reversing credits and the eligibility of the respondent for the credit in question. The judgment highlights the need for accurate assessment and adherence to procedural correctness in matters of duty credit and imposition of penalties.