2009 (11) TMI 307 - AT - Central Excise

Cenvat/Modvat- Shortage of raw material- the appellants purchase Cypermethrin from their suppliers on payment of duty and they take credit in respect of the same. However, while recording the receipt the appellants converted the quantity to equivalent quantity of 100% purity on the basis of which the payments are made to the suppliers. However, the duty paid on the higher amounts as indicated in the invoice is not varied nor is them any such finding in the impugned orders passed by the authorities below. The appellants have been denied the credit in respect of the quantity recorded short leading to the present proceedings of duty demand and imposition of penalty. Held that- we are of the view that there is no actual shortage of the impugned raw material and hence there is no need to vary the credit taken by the appellants. The duty and penalty confirmed against the appellants in the impugned order are set aside. The appeal is allowed.

Summary

Issues: Duty demand and penalty imposition based on recording quantity at 100% purity, denial of credit for quantity recorded short.

Analysis:
1. Recording Quantity at 100% Purity: The appellants purchased Cypermethrin from suppliers, paying duty and taking credit. They recorded the quantity at 100% purity for payment to suppliers, but duty paid was not varied accordingly. The Show Cause Notice acknowledged the conversion to 100% purity but denied credit for the quantity recorded short. The appellants argued that their SAP system required recording in this manner.

2. Impugned Order Justification: The lower appellate authority upheld the duty demand and penalty without independent findings, quoting the original authority's order. The original authority's reasoning was deemed illogical as it assumed excess credit without evidence. The confusion arose from recording weight at 100% purity, but no diversion or excess credit was proven.

3. Absence of Shortage: The Tribunal found no actual shortage of the raw material. The appellants' practice of recording at 100% purity did not result in any excess credit. The duty and penalty imposed were set aside as the appellants had not taken more credit than paid to suppliers. The internal matter of renegotiating prices with suppliers did not impact the duty paid.

In conclusion, the Tribunal allowed the appeal, overturning the duty demand and penalty imposed on the appellants due to the absence of any actual shortage in the recorded raw material quantity and the lack of evidence supporting excess credit taken by the appellants.