2001 (12) TMI 145 - AT - Central Excise

Summary

Issues:
Entitlement to Modvat credit on molasses exclusively allotted for non-excisable commodity; Applicability of Rule 57CC of the Rules.

Analysis:
The appeals were filed against the Order-in-Appeal upholding the disallowance of Modvat credit on molasses and imposition of penalty. The appellants held Central Excise registration for various excisable and non-excisable products. The dispute arose from the use of molasses for manufacturing spirit, which was further used for non-excisable products. The appellants argued that they were entitled to the Modvat credit and offered to pay 8% as per Rule 57CC. The issue revolved around whether Modvat credit was permissible for molasses used in this manner and the applicability of Rule 57CC.

The Tribunal had previously addressed a similar issue in the appellant's case and ruled in favor of the appellants, allowing Modvat credit on molasses and requiring payment at 8% for non-excisable products. This previous judgment was binding on the Revenue and covered the present controversy. Therefore, the Order-in-Appeal disallowing Modvat credit and imposing a penalty could not be sustained based on the Tribunal's earlier decision.

As a result, the Tribunal set aside the impugned orders and remanded the matter to the adjudicating authority for determining the amount payable by the appellants at 8% of the value of the spirit cleared for non-excisable products. The issue of penalty imposition was also to be reconsidered by the adjudicating authority, with the possibility of accepting the appellants' contentions. If a penalty was to be imposed, it should align with the proportion set in the Tribunal's previous order.

In conclusion, the Tribunal ruled in favor of the appellants based on the precedent set by its earlier decision, emphasizing the entitlement to Modvat credit and the need for a fresh determination of the payable amount and potential penalty imposition in accordance with Rule 57CC.