2018 (10) TMI 1414 - AT - Central Excise

Rectification of Mistake - the said order dated 08.05.2017 permits adjustment of credit only in respect of certain invoices which was denied by the lower authorities however no findings was given in respect of cenvat credit lying in their account which also should have been adjusted against the demand of duty - Held that - Apart from the cenvat credit denied to the appellant on account of defective gate passes in case of M/s Mayank Rotoplast Industries the appellant had pleaded they had other credit in the credit of the appellant. It was argued that the amount of demand needs to be finalized after considering the amount of cenvat credit available with the appellants in their credit duly substantiated by necessary documentary evidence. In view of above the order dated 08.05.2017 is modified - ROM application allowed.

Summary

Issues:
Rectification of mistake regarding Cenvat Credit adjustment in certain cases.

Analysis:

1. Rectification of Mistake Application: The appellants, namely Mayur Printers, Mayank Rotoplast Industries, Labhubhai Patel, Vikas Agencies, and Stylopack, filed a rectification of mistake application concerning the adjustment of Cenvat Credit in certain cases. They contended that the previous order dated 08.05.2017 only allowed adjustment of credit for certain invoices, which was denied by the lower authorities. They argued that there was additional Cenvat credit in their accounts that should have been considered for adjustment against the duty demand.

2. Appellant's Argument: The appellant's counsel highlighted that besides the credit related to specific invoices, there was other Cenvat credit available in the appellants' accounts that needed to be adjusted against the demand. They presented RG-23A Part-II accounts to support their claim. The counsel did not press for any other grounds in the rectification of mistake application.

3. Adjudication: The Tribunal reviewed the submissions from both parties and acknowledged that apart from the denied Cenvat credit due to defective gate passes in the case of Mayank Rotoplast Industries, the appellants had other credit in their accounts. It was recognized that the amount of demand should be reevaluated considering the substantiated Cenvat credit available with the appellants, supported by necessary documentary evidence.

4. Order Modification: Consequently, the Tribunal modified the previous order dated 08.05.2017 to include a new provision, para 9A, stating that the appellants were entitled to claim the benefit of substantiated Cenvat credit available in their records. The lower authority was directed to grant the benefit of all Cenvat credit available with the appellants at the relevant time, as supported by documents.

5. Disposition of Applications: The Tribunal disposed of the Rectification of Mistake applications in accordance with the modified order, providing clarity on the adjustment of Cenvat credit for the appellants.

6. Remand Proceedings: Regarding the appeals concerning the order of the Commissioner in the remand proceedings, the Tribunal set aside the previous decision and remanded the matters back to the original authority for a fresh decision in light of the modified order dated 08.05.2017.

7. Final Decision: The appeals were allowed by way of remand, and the application for rectification of mistake was resolved accordingly. The judgment was pronounced in open court on 03.10.2018 by the members of the Tribunal, Mr. Ramesh Nair (Member - Judicial) and Mr. Raju (Member - Technical).