1997 (10) TMI 141 - AT - Central Excise

Summary

Issues:
The judgment deals with the issue of Modvat credit calculation based on gross weight u/s Rule 57G, and the applicability of credit when the received quantity is less due to moisture loss during transit.

Issue 1 - Modvat Credit Calculation:
The respondent received viscose staple fibre with duty paid on gross weight, but took Modvat credit on the entire duty paid, leading to a dispute with the department. The Assistant Commissioner confirmed the demand for credit on the excess quantity over net weight. The Commissioner (Appeals) allowed the appeal, citing a Tribunal decision. The appeal sought to distinguish the Tribunal's decision based on differences in facts and interpretation of Rule 57G.

Issue 2 - Applicability of Credit for Moisture Loss:
The Tribunal emphasized that when duty is paid on a certain quantity but the received quantity is less due to moisture loss, credit should be available on the duty paid. The loss in weight was attributed to evaporation of moisture, not deliberate theft. The judgment highlighted that such weight discrepancies are common with hygroscopic commodities, and regulating duty payment and credit based on specific weights would be impractical and inconvenient for both the department and the assessee. The judgment concluded that as long as the weight loss is due to moisture absorption or evaporation and aligns with industry standards, strict application of rules should be avoided.

In conclusion, the Tribunal declined to interfere and dismissed the appeal, affirming the applicability of Modvat credit based on the duty paid on gross weight and considering moisture-related weight discrepancies in the received quantity.