1993 (8) TMI 207 - AT - Central Excise

Summary

Issues:
1. Admissibility of modvat credit for rejected goods.
2. Validity of using delivery challans for modvat credit.
3. Invocation of the extended period for confirming the demand.

Analysis:
1. The appellants received defective inputs under the modvat scheme and returned them to suppliers for rectification. The Asstt. Collector granted permission for this process, specifying the conditions for clearance and re-entry of the goods. However, a show cause notice was issued after four years, alleging inadmissibility of modvat credit based on the challans received for the rectified materials. The Collector confirmed a demand, invoking the extended period, and contended that the permission granted was for a different rule, not allowing modvat credit based on delivery challans.

2. The Department argued that delivery challans are not recognized documents under Rule 57G and that the removal and return process should have involved gate passes instead. They contended that using delivery challans did not entitle the appellants to claim modvat credit for the returned goods. The appellants, on the other hand, presented evidence showing the removal and return of goods, with modvat credit debited and then re-credited upon return, following the procedure directed by the Asstt. Collector.

3. The Tribunal, after hearing both sides, found that the appellants had adhered to the procedure laid out by the Asstt. Collector in consultation with the Dy. Collector at Surat. The removal of defective goods and subsequent re-entry after rectification, with modvat credit adjustments, was in line with the Asstt. Collector's directions. The Tribunal noted that the entire operation was known to the Department, questioning the Collector's invocation of the extended period for confirming the demand. Consequently, the Tribunal allowed the appeal on the grounds of the demand being time-barred, without delving into the substantive merits of the case.