2003 (12) TMI 155 - AT - Central Excise

Summary

Issues involved: Appeal against order-in-appeal passed by Commissioner of Central Excise (Appeals), Surat regarding Modvat credit and credit notes issued by suppliers.

Summary:
The Revenue's appeals were filed against the order-in-appeal passed by the Commissioner of Central Excise (Appeals), Surat, concerning the respondents' Modvat credit based on credit notes issued by their suppliers. The departmental authorities coerced the respondents to reverse the Modvat credit amount due to value reduction on inputs caused by credit notes issued by suppliers. The respondents complied with the directions and reversed the amounts. Subsequently, the respondents suo moto re-credited the reversed amount, leading to show cause notices being issued against them. The Commissioner (Appeals) ruled in favor of the respondents, prompting the Revenue to file instant appeals challenging the relief granted.

The grounds of appeal claimed that there was no provision to take credit based on credit notes without duty paying documents. However, the Tribunal noted that the departmental authorities acted unlawfully by coercing the respondents to reverse the Modvat credit without proper assessment. The authorities lacked jurisdiction to reassess duty on inputs received, as confirmed by legal precedent. The appeals' misleading nature and lack of legal support led to their rejection.

In conclusion, the Tribunal upheld the Commissioner (Appeals)'s decision in favor of the respondents, emphasizing the illegality of the departmental actions and the lack of legal basis for the Revenue's appeals. The respondents' actions were deemed to be in line with restoring the actual credit available based on duty paying documents, rather than seeking excess credit.