2001 (8) TMI 185 - AT - Central Excise

Summary

Issues:
1. Demand of Modvat Credit and penalty under Rule 57-I of Central Excise Rules, 1944.
2. Allegation of excess credit on inputs received and utilized.
3. Appellants' contention on the demands made in the impugned order.
4. Verification of facts and law regarding the demands.
5. Admissibility of Modvat Credit on unusable chips.
6. Applicability of time limit for utilizing material in manufacture.
7. Submission by the Departmental Representative (DR) on the demand confirmation.
8. Lack of verification of inputs received and credit taken.

Analysis:
1. The judgment involves a demand for Modvat Credit and penalty under Rule 57-I of Central Excise Rules, 1944, amounting to approximately Rs. 77 Lakhs, based on the receipt of polyester chips by the appellants from another unit. The Adjudication Order was issued following a show cause notice, alleging excess credit on inputs received and utilized by the appellants.

2. The appellants explained that they only took Modvat credit for quantities actually received in cases of short receipt of chips. They argued against the reversal of credit for inputs in stock, stating there is no time limit for material utilization and that duty was paid on un-usable inputs cleared. However, the adjudicating authority confirmed the demands, leading to the appeal by the appellants.

3. The appellants challenged the demands in the impugned order, claiming they lacked basis in fact or law. The appellants' counsel highlighted the absence of verification on whether inputs were received and credit taken, emphasizing discrepancies in the adjudication order's reasoning.

4. The judgment reflects a lack of verification of relevant facts and laws concerning the demands. The order was passed without confirming the receipt of inputs and credit taken, despite inputs being available in the factory. The demand of approximately Rs. 10 Lakhs, despite the payment of Rs. 8.5 Lakhs in duty for the same goods, was deemed impermissible.

5. The issue of admissibility of Modvat Credit on unusable chips was raised, with the appellants arguing they paid duty when clearing such chips. The adjudicating authority's failure to consider the duty already paid and the appellants' explanations further weakened the basis of the demands.

6. The appellants cited a Supreme Court decision to support their claim that no duty demand should apply to inputs in stock without a time limit for utilization. However, the Commissioner did not accept this submission, leading to a discrepancy in the interpretation of relevant legal principles.

7. The Departmental Representative supported the demand confirmation, emphasizing the appellants' obligation to reverse Modvat Credit once aware of unsuitability of inputs. The DR suggested remanding the case for correlating excess credit taken and issuing a fresh order.

8. Ultimately, the judgment set aside the impugned order, noting its lack of consideration for relevant facts and laws. The order was deemed unsustainable due to the absence of verification on inputs received, credit taken, and the impermissible demand despite duty payment. The appeal was allowed, granting consequential relief to the appellants.