1999 (4) TMI 303 - AT - Central Excise

Summary

Issues:
1. Reversal of Modvat credit for containers cleared without payment of duty and waste and scrap.
2. Applicability of judgments in similar cases.
3. Pre-deposit waiver and stay of recovery.

Analysis:
1. The appeal and stay application stemmed from an Order-in-Appeal confirming the requirement for appellants to reverse Modvat credit for containers cleared without duty payment and waste and scrap. The Commissioner (Appeals) relied on a judgment against the appellants, citing the case of West Coast Industrial Gases Ltd. However, the appellants argued that the judgment was recalled due to errors and pointed to subsequent decisions supporting their stance.

2. The advocate highlighted that the judgment in favor of the appellants had been followed in other cases like I.O.L. Ltd. and Apollo Tyres Ltd. The Tribunal had previously allowed the appeal of West Coast Industrial Gases Ltd. based on the I.O.L. Ltd. judgment. The advocate provided copies of relevant orders to support the argument that the issue was settled in favor of the appellants, warranting a waiver of pre-deposit.

3. After considering submissions from both sides, the Tribunal noted that the earlier order against the appellants had been recalled, and subsequent decisions favored their position. The Tribunal referenced the case of Apollo Tyres Ltd., which aligned with the appellants' argument that duty cannot be demanded on waste packing material. The Tribunal granted waiver and stay on pre-deposit, setting aside the impugned orders and allowing the appeal based on established precedents and the interpretation of relevant legal provisions.

In conclusion, the Tribunal upheld the appeal, following the established legal principles and precedents related to Modvat credit reversal and duty demands on waste and scrap materials, as highlighted in previous judgments and orders of the Tribunal.