2002 (1) TMI 124 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit on inputs under Rule 57A of the Central Excise Rules, 1944.
2. Imposition of penalty under Rule 173Q.

Analysis:

Issue 1: Disallowance of Modvat credit on inputs under Rule 57A of the Central Excise Rules, 1944:
The case involved a discrepancy where a quantity of CR Coil was found short during an inspection, leading to the disallowance of Modvat credit taken on the said inputs. The appellant contended that the inputs were received and utilized for processing, but due to an oversight, the necessary entry was not made in the register. The authorized signatory, Shri Sanjay Kumar, confirmed his role in handling matters related to raw materials and production. However, he failed to provide a satisfactory explanation for the missing entry in the register, leading to the Department's conclusion that the inputs were removed without payment of duty. The appellate authority upheld the decision to disallow the Modvat credit as the inputs were not utilized in the manufacturing process, as required by Rule 57A.

Issue 2: Imposition of penalty under Rule 173Q:
The penalty imposed on the appellant under Rule 173Q was equal to the quantum of duty demanded. While the imposition of a penalty was deemed necessary due to the admission of the offense, the Tribunal found the penalty amount excessive. Despite the admission, the Tribunal considered the circumstances and reduced the penalty to Rs. 10,000, deeming it more appropriate given the nature of the offense and the facts of the case. The Tribunal noted the absence of a cogent reason for the mandatory penalty and adjusted the penalty amount accordingly.

In conclusion, the Tribunal upheld the decision to disallow the Modvat credit under Rule 57A but modified the penalty amount imposed under Rule 173Q, reducing it to Rs. 10,000. The appeal was disposed of with these adjustments, as per the detailed analysis and findings presented in the judgment.