2003 (12) TMI 236 - AT - Central Excise

Summary

Issues involved: Appeal against Order-in-Original No. 33/97 passed by Commissioner of Central Excise, Hyderabad regarding irregularly availed Modvat credit and duty payment on imported raw materials.

Summary:
The appeal was filed by the Revenue against the Order-in-Original passed by the Commissioner of Central Excise, Hyderabad concerning M/s. Tube Investments of India Ltd. (unit of Rolmor Chains Division) at Medak. The company received raw materials from M/s. T.I. Diamond Chains, Madras, paid Central Excise Duty under Rule 57F(1)(ii) of Central Excise Rules, and availed Modvat credit. It was discovered that the raw materials were imported without duty payment and sent to the company without proper authorization. The Revenue proposed to recover the irregularly availed Modvat credit and impose penalties. The case was adjudicated by the Commissioner who initially dropped the proceedings.

During the appeal, the Revenue argued that the Modvat credit should be disallowed as the duty on the inputs was not payable. On the other hand, the respondents contended that Modvat credit cannot be denied once duty-paid inputs are received, citing legal precedents such as Eveready Industries India Ltd. v. CCE and Modern Malleables Ltd. v. CCE. The Tribunal agreed with the respondents, stating that Modvat credit cannot be denied based on the duty liability of the inputs. It was emphasized that any action for incorrect duty payment should be taken at the place where duty was paid. Therefore, the respondents were deemed eligible for the Modvat credit, and no findings were required on the time bar issue. The decision was made accordingly.