1999 (11) TMI 137 - AT - Central Excise

Summary

Issues:
1. Stay petition for dispensing with pre-deposit of duty amounting to Rs. 20,47,771.
2. Admissibility of Modvat credit for printed polyethylene films.
3. Validity of the authorization for appeal under Section 35E(2).

Analysis:
1. The applicants filed a stay petition seeking to dispense with the pre-deposit of duty totaling Rs. 20,47,771. The counsel for the applicants argued that as they were engaged in printing polyethylene films, which was not considered a manufacturing process by previous Tribunal decisions, the duty payment on scrap generated during printing was unnecessary since they were not manufacturers. The entire credit taken was reversed, rendering the demand for duty unwarranted. Upon considering the submissions, the Tribunal found the stay petition infructuous due to the credit reversal and dismissed it, proceeding to hear the appeal.

2. The issue of Modvat credit admissibility for printed polyethylene films arose during the appeal. The respondents contended that Modvat credit was not permissible as the printed films did not incur duty payment, thus disqualifying the applicants from benefiting under Rule 57C. After hearing both sides, the Tribunal observed that the reversed credit made the stay petition irrelevant. Consequently, the petition was dismissed as infructuous, and the appeal was heard.

3. The validity of the authorization for appeal under Section 35E(2) was challenged during the proceedings. The counsel argued that the authorization given for review was invalid since it authorized a Deputy Collector to apply to the Collector for determining points arising from the decision, which was not in accordance with the law. The respondents contended that the authorization was valid and complied with legal provisions. Upon examination, the Tribunal noted that the case was adjudicated by the Additional Collector, but the authorization for appeal was given to the Deputy Collector, which was deemed improper. Citing previous Tribunal decisions and Supreme Court rulings, the Tribunal found the authorization flawed and allowed the appeal with any consequential relief admissible under the law.

In conclusion, the Tribunal dismissed the stay petition due to the reversed credit, allowed the appeal based on the unauthorized authorization for appeal under Section 35E(2), and provided relief accordingly in accordance with legal provisions and precedents.