2004 (3) TMI 185 - AT - Central Excise

Summary

Issues: Denial of Modvat credit on old texturising machines

In this judgment by the Appellate Tribunal CESTAT, NEW DELHI, the Member (J) allowed the stay application unconditionally, noting that the appellants have a strong case. The appeal filed by the appellants relates to the denial of Modvat credit on old texturising machines purchased from a specific supplier. The issue revolves around the excise duty payable on the capital goods cleared by the supplier to the appellants, and the subsequent denial of credit based on the duty paid by the supplier. The Tribunal analyzed the facts and legal aspects to determine the appellants' entitlement to the credit.

The Tribunal examined the grounds for denying Modvat credit to the appellants and found them legally untenable. It highlighted that the supplier had informed the concerned authorities about the sale of goods, specifying the excise duty payable. The Department accepted this information without objection, and the duty amount was calculated and paid by the supplier. The appellants, relying on the supplier's calculations and the accepted duty amount, availed the credit in accordance with the law. The Tribunal emphasized that the appellants should not be deprived of the credit based on the supplier's duty payment, which was already accepted during the clearance process. It distinguished the present case from precedent, emphasizing the unique factual scenario at hand.

Consequently, the Tribunal set aside the impugned order of the Commissioner (Appeals) and allowed the appeal of the appellants. The judgment granted the appellants consequential relief, if any, as permissible under the law. The decision was based on a detailed analysis of the facts, legal principles, and precedents, ultimately ruling in favor of the appellants regarding the denial of Modvat credit on the old texturising machines.