1999 (8) TMI 448 - Commissioner - Central Excise

Summary

Issues:
Appeal against denial of credit under Rule 57H for inputs in process due to lack of records maintenance.

Analysis:
The appeal was filed by M/s. Sinter Plast Containers (P) Ltd. against the Order-in-Original denying credit under Rule 57H for inputs in process. The adjudicating authority contended that the appellant did not follow Rule 57H or maintain records to indicate the quantity of inputs in process. During the personal hearing, the consultant for the appellant argued that there is no statutory provision for maintaining records of inputs in process and it is impractical due to the multiple stages of processing. The appellant claimed that based on stock positions, receipts, and consumption, the quantity of inputs in process exceeded the claimed credit. Detailed charts were submitted to support this claim, along with a request for penalty waiver.

Upon careful consideration, the Commissioner found merit in the appellant's argument that maintaining records of inputs in process is not mandatory under the rules. However, the Commissioner acknowledged that the stock of such inputs can be determined by considering the stock position on a specific date and subsequent transactions. The appellant's submission of stock positions indicated a discrepancy where the quantity of inputs in process exceeded the claimed credit. Consequently, the Commissioner remanded the case to the adjudicating authority for a fresh adjudication, emphasizing the need to verify the statistics provided by the appellant with relevant records to ascertain the actual quantity of inputs in process.

In conclusion, the appeal was allowed by way of remand, setting aside the impugned order. The case was remanded for a fresh adjudication by the adjudicating authority, taking into account the stock positions and transactions to determine the accurate quantity of inputs in process.