2007 (8) TMI 161 - AT - Central Excise

Accumulated credit could not utilized as the scheme of assessment changed to compounded levy scheme No time limit prescribed for use of credit Sec. 38A provides protection of right and privilege regarding amendment, so refund of unutilized credit is allowable

Summary

Issues:
- Appeal against Commissioner (Appeals) order dated 30-9-02 regarding deemed credit on grey fabrics.
- Utilization of accumulated credit under compounded levy scheme.
- Refund claims sanctioned by original authority.
- Legal sustainability of Commissioner (Appeals) decision.

Analysis:
1. The appeal was filed against the Commissioner (Appeals) order dated 30-9-02 concerning deemed credit on grey fabrics. The appellant, a manufacturer of processed man-made fabrics, was eligible for deemed credit as per Notification No. 29/96 dated 3-9-96.

2. The appellant had accumulated credit due to exporting products and claimed they could not utilize the credit after a change to the compounded levy scheme from 16-12-98. The original authority sanctioned refund claims totaling Rs. 5,95,084/-, Rs. 2,16,359/-, and Rs. 28,909/-, which the Commissioner (Appeals) set aside.

3. The Tribunal observed that under the Cenvat scheme, there was no time limit for utilizing the credit on inputs. Once the credit is utilized, it equates to duty payment, subject to refund time limits. The Notification allowed for refund of credit accumulated due to exports, similar to credit in the PLA.

4. The appellant's inability to utilize the credit post the introduction of the compounded levy scheme was considered. Section 38A of the Central Excise Act, 1944, was cited to support that changes in the law do not affect rights acquired unless a contrary intention is evident.

5. Consequently, the Tribunal found the Commissioner (Appeals) decision unsustainable, as the appellant could not have foreseen the operationalization of the compounded levy scheme. The original authority's refund orders were reinstated, and the appeals were allowed with consequential relief.