2003 (6) TMI 144 - AT - Central Excise

Summary

Issues:
- Appeal against demand of duty by Commissioner
- Availability of Modvat Credit for inputs lost in handling
- Interpretation of Rule 57D regarding denial of credit for lost inputs
- Application of extended period of limitation

Analysis:
- The appeal was filed against the demand of duty by the Commissioner, who imposed a penalty on M/s. Hindustan Zinc Limited for availing Modvat Credit on inputs lost in handling. The Appellants argued that the loss occurred during the manufacturing process, and therefore, the credit should not be denied. They relied on a previous decision to support their claim.

- The Commissioner contended that the loss of inputs was due to negligence and inefficiency of the Appellants, and thus, they should not be granted the benefit of Modvat Credit for the lost quantity. However, the Appellants explained in detail the manufacturing process, emphasizing that the loss of inputs was inherent to the process.

- The Tribunal considered both arguments and noted that Rule 57D provides that credit cannot be denied on the ground that part of the inputs is lost during the manufacturing process. The Appellants demonstrated that the entire quantity of inputs in their factory premises was used in the manufacturing process. The Tribunal also highlighted that the loss of inputs during manufacturing does not negate the fact that they were used in the production of final products.

- Additionally, the Tribunal pointed out that there was no evidence that the lost inputs were cleared out of the factory premises. Based on these considerations, the Tribunal set aside the impugned Order and allowed the appeal, ruling in favor of M/s. Hindustan Zinc Limited.