2004 (12) TMI 93 - SC - Central Excise

Demand - Exemption vis-a-vis Cenvat/Modvat Credit - Held that - The grievance of the appellant is that the appellant had wrongly availed of the Modvat credit and was liable to pay the sum amounting to Rs. 6,10,580/-. It is stated by the learned counsel appearing on behalf of the assessee that the excise duty paid and Modvat credit availed of were identical. Therefore the consequences of payment of excise duty after availing of Modvat credit was revenue neutral. - Decided against Revenue.

Summary

Issues: Disputed Modvat credit availed by the assessee, revenue neutrality, dismissal of appeals, liberty granted for further submissions.

Analysis:
1. C.A. Nos. 4877-4880/1998:
The appellant claimed that Modvat credit was wrongly availed, leading to a liability of Rs. 6,10,580. The counsel argued that excise duty paid and Modvat credit availed were identical, resulting in revenue neutrality. The appeal was dismissed, with liberty granted for further submissions if the respondent's claim was found incorrect.

2. C.A. Nos. 2593-2597/2001:
The Department acknowledged no revenue implication. Despite this, the appeals were dismissed, leaving the legal question open for consideration.

3. C.A. No. 4003/2002:
The appellant asserted that Modvat credits of Rs. 3,43,160 were wrongly availed. The counsel contended that excise duty paid without availing exemption equaled the exact amount, maintaining revenue neutrality. Consequently, the appeal was dismissed, with provision for further submissions if respondent's submission was disproved.

4. C.A. Nos. 5485-86/2003:
The appellant claimed wrongful availing of Modvat credits amounting to Rs. 9,63,607. The counsel argued that excise duty paid without availing exemption matched the exact amount, ensuring revenue neutrality. The appeals were dismissed, with liberty granted for additional submissions if respondent's claim was found incorrect.