2004 (10) TMI 252 - AT - Central Excise

Summary

Issues:
1. Denial of Modvat credit on explosives used in mines located outside the factory.
2. Imposition of penalty on the appellants.

Analysis:
1. The appeals were filed against the denial of Modvat credit on explosives used in mines located outside the factory. The counsel argued that the issue was settled by a Supreme Court judgment in a similar case. The Tribunal upheld the denial of Modvat credit based on the Supreme Court's decision, stating that Modvat credit is not available on explosives used outside the factory premises. The Commissioner's order disallowing the credit was deemed valid and upheld.

2. The appellants contested the imposition of a penalty, arguing that the law regarding Modvat credit on explosives used in mines was unclear before the Supreme Court's decision. The counsel requested the penalty of Rs. 30,000 to be set aside. After reviewing the case history and considering the unsettled nature of the law prior to the Supreme Court's ruling, the Tribunal decided that the penalty was not justified. Therefore, the penalty imposed on the appellants was set aside.

In conclusion, the Tribunal upheld the denial of Modvat credit on explosives used in mines located outside the factory premises based on the Supreme Court's judgment. However, the penalty imposed on the appellants was deemed unwarranted due to the evolving nature of the legal interpretation before the Supreme Court's clarification. The impugned order was upheld with the modification of setting aside the penalty.