1992 (9) TMI 181 - AT - Central Excise

Summary

Issues: Appeal against order for recovery of MODVAT credit and penalty imposition.

Analysis:
1. Recovery of MODVAT Credit and Penalty Imposition: The appellants, manufacturers of Room Coolers, were entitled to Small Scale exemption under Notification 175/86. They had filed a MODVAT declaration on 18-1-1988 and availed MODVAT Credit until 31-3-1988. Subsequently, they filed a fresh classification list on 1-4-1988, indicating no MODVAT would be availed for the first clearance of Rs. 15 lakhs. Another classification list dated 26-4-1988 claimed MODVAT benefit from that date. The issue arose when they did not file a fresh MODVAT Declaration on 26-4-1988. The appellants argued that no fresh declaration was necessary as there was no change in inputs or final products. The Tribunal held that in such circumstances, where the unit did not undergo significant changes, a mere intimation sufficed, as indicated in the classification list dated 26-4-1988. The Tribunal found no merit in the allegation of deliberate suppression or delay in filing RT12 returns. Consequently, the appeal was allowed on merits, and the recovery of MODVAT credit and penalty imposition were set aside.

2. Time Barred Demand: The Tribunal also considered the issue of the demand being time-barred. It noted that the Assistant Collector was informed of the appellants availing MODVAT benefit from 26-4-1988 through the classification list of that date, which was approved. The Tribunal emphasized that there was no suppression of information regarding MODVAT benefit, as evident from the documents submitted. The delay in filing RT12 returns was attributed to the records being taken by the Income Tax authorities. Despite this delay, the Tribunal found that the department did not issue the demand within six months of the return filing. Therefore, the Tribunal concluded that the extended period for demand was not applicable. Additionally, the penalty imposed was deemed unjustified. Consequently, the appeal was allowed, and the impugned order was set aside, providing consequential relief to the appellants.