1997 (5) TMI 282 - AT - Central Excise

Summary

Issues:
Rectification Application seeking recall of Tribunal's Order setting aside Commissioner's direction to reverse Modvat Credit.
Applicability of Section 35C(2) for rectification of order.
Consideration of crucial facts by Tribunal in passing the order.

Analysis:
The Collector of Central Excise, New Delhi filed a Rectification Application with the Appellate Tribunal seeking the recall of the Tribunal's Order setting aside the Commissioner's direction to reverse Modvat Credit taken by M/s. Castrol India Limited. The Commissioner contended that certain crucial facts stated in his order had not been considered by the Tribunal, which he believed to be a mistake apparent on the record warranting the order's recall and dismissal of the appeal.

The Commissioner's case was presented by Shri V.R. Sethi, emphasizing the contentions raised in the Rectification Application. On the other hand, Shri J.R. Cama, representing the respondents, opposed the Rectification Application, arguing that the Tribunal had already considered all points involved in the matter and no crucial facts were left out. He cited relevant decisions to support his argument and urged the dismissal of the application.

Upon considering the submissions from both sides and reviewing the record, the Tribunal found that the crucial fact mentioned by the Commissioner regarding the vouchers evidencing duty payment for Modvat Credit had indeed been considered in the Tribunal's order. The Tribunal had set aside the Commissioner's order and remanded the appeal to the Commissioner for a fresh decision on merits, taking into account the details provided by the respondents regarding inputs received and their link with duty paying documents.

The Tribunal clarified that the issue was not about granting Modvat Credit based on Transfer Notes from the Bombay office but about correlating the receipts of inputs with duty paying documents. The Tribunal's order did not reveal any error warranting action under Section 35C(2) of the Central Excises Act. Therefore, the Tribunal dismissed the Rectification Application, upholding its previous decision to remand the appeal for a de novo decision by the Commissioner to address the correlation of private transfer notes with duty paying documents thoroughly.