1999 (1) TMI 137 - AT - Central Excise

Summary

Issues:
Appeal against disallowance of Modvat credit and imposition of penalty based on the discrepancy in values of goods cleared by consignors located at different places.

Analysis:
The appeal challenged the disallowance of Modvat credit and imposition of penalty by the Commissioner (Appeals) based on the discrepancy in values of goods cleared by consignors located at Pune and received by the appellants at Hyderabad. The main contention was that the duty was correctly calculated and paid on the higher price, which corresponded to the correct assessable value under Section 4. The appellant argued that under the Modvat scheme, the credit available should be equal to the duty debited on the inputs by the manufacturer, and they had not taken more credit than what was paid on the goods. The department's view was reiterated by the ld. DR, emphasizing the discrepancy in values.

The Tribunal carefully considered the submissions and records of the case, particularly focusing on Invoice No. 103. It was noted that the dispute did not concern the correctness of the assessable value but rather the entitlement of the appellants to take credit for the duty debited by the manufacturer at Pune. The Tribunal found merit in the appellant's argument, highlighting that the Modvat rules do not link the quantum of duty credit available to the value of the goods. The department's objection to the concessional sale of goods to a sister concern was deemed unfounded as duty had been computed and debited correctly at the manufacturer's end. The Tribunal concluded that the Order-in-Appeal needed to be set aside as no violation of the Modvat scheme rules was established.

In the final judgment, the Order-in-Appeal was set aside, and the appeal succeeded with consequential relief as per law. The decision clarified that the Modvat credit should be based on the duty debited on the inputs by the manufacturer, regardless of any internal pricing arrangements between related entities.