1997 (11) TMI 309 - Commissioner - Central Excise

Summary

Issues Involved:
1. Irregular availment of Modvat credit.
2. Penalty for irregular availment of Modvat credit.
3. Confiscation of seized goods.

Detailed Analysis:

1. Irregular Availment of Modvat Credit:
The primary issue was whether the assessee improperly availed Modvat credit on duty-free DEEC materials received from TIDC. The Commissioner found that the assessees were converting raw materials supplied by TIDC into industrial and automotive chains. These raw materials were imported under the DEEC scheme without payment of customs duty and were not eligible for Modvat credit. The assessees availed Modvat credit of Rs. 62,22,694 on these materials, which was deemed irregular as per Rule 57F(i)(ii) of Central Excise Rules, 1944. The Commissioner concluded that the duty paid by TIDC on these exempted goods was not Central Excise duty and hence could not be availed as Modvat credit by the assessee.

2. Penalty for Irregular Availment of Modvat Credit:
The show cause notice also proposed a penalty under Rule 173Q of Central Excise Rules, 1944 for the irregular availment of Modvat credit. The assessee contended that they were unaware that the materials supplied by TIDC were duty-free DEEC materials and argued that there was no suppression of facts or intent to evade duty. The Commissioner found no evidence that the assessees knew the nature of the inputs before November 1995, and thus, the proviso to Section 11A(1) of the Central Excise Act, 1944, which pertains to suppression of facts, could not be invoked. Consequently, the penalty was not justified.

3. Confiscation of Seized Goods:
The seized goods, valued at Rs. 3,10,900, were provisionally released to the assessees. The show cause notice proposed their confiscation under Rule 173Q of Central Excise Rules, 1944 for contravention of Rules 57A, 57G, and 57F. The Commissioner noted that the assessees had executed a bond and furnished a cash deposit for the provisional release. Since the case was primarily one of procedural irregularities without any mala fides, the Commissioner found no justification for confiscation of the goods.

Conclusion:
The Commissioner concluded that the case was one of procedural irregularities on the part of TIDC and not intentional evasion by the assessees. The show cause notice was deemed time-barred, and there was no loss of revenue to the government. The proceedings initiated in the show cause notice dated 8-7-1996 were therefore dropped.