2005 (5) TMI 216 - AT - Central Excise

Issues:
1. Classification of final products for duty exemption under Notification No. 208/83-C.E.
2. Entitlement to Modvat credit on duty paid inputs under Chapter Heading 72.03.
3. Determination of duty payable after deducting Modvat credit.

Analysis:

1. Classification of Final Products for Duty Exemption:
The assessees were manufacturing Steel Angles and Bars using rerollable scrap obtained from ship breaking and other sources, along with MS Ingots. The Central Excise Officers alleged duty evasion for clearances made without payment of duty. The Commissioner initially held that final products were not eligible for duty exemption under Notification No. 208/83-C.E. The Tribunal, in its order dated 5-5-98, partially allowed the appeal, remanding the matter for considering Modvat credit on inputs. The Tribunal emphasized that the absence of Tariff Heading 72.15 in the inputs column of the notification did not automatically deny benefit if goods description matched obtained inputs. Waste and scrap under Heading 72.03 were not mentioned in the notification, but the assessees were entitled to Modvat credit on duty paid inputs. The Tribunal set aside penalty and confiscation, indicating no duty payment due for inputs under Heading 72.03.

2. Entitlement to Modvat Credit on Duty Paid Inputs:
The Commissioner, in a subsequent order, extended Modvat credit of Rs. 4,758.22 but confirmed a balance demand of Rs. 20,92,599.80. The Tribunal, in its order dated 24-1-2001, directed the Commissioner to determine duty payable after deducting Modvat credit. It clarified that the duty demanded should reduce by the credit available, emphasizing that duty confirmation should align with the credit allowed. The Commissioner, in a fresh hearing, reconfirmed the duty demand considering the earlier determination after Modvat credit deduction. The Tribunal, in its final decision, reiterated that no duty was payable due to the Modvat credit entitlement, setting aside the demand for both periods and allowing the appeal.

3. Determination of Duty Payable After Deducting Modvat Credit:
The Tribunal's analysis focused on the period from 1-8-83 to 31-8-86. It clarified that no demand survived for the period before 1-3-86, as confirmed by the earlier Tribunal order. For the subsequent period, the Tribunal held that waste and scrap under Heading 72.03 did not qualify for duty exemption under Notification No. 208/83-C.E. However, the assessees were entitled to Modvat credit on duty paid inputs. The Tribunal emphasized that the assessees were not liable to pay duty for any period, as both input and output duties carried the same rate, leading to no duty payment obligation. Consequently, the demand for both periods was deemed unsustainable, and the appeal was allowed, setting aside the impugned order.

This comprehensive analysis highlights the key legal issues, interpretations, and outcomes of the judgment delivered by the Appellate Tribunal CESTAT, Mumbai, providing a detailed understanding of the case's progression and final resolution.

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