2000 (6) TMI 336 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit and confirmation of duty demand.
2. Imposition of penalties on the first and second applicants.
3. Allegation of availing Modvat credit without receiving goods.
4. Argument of limitation in the case.

Analysis:

1. The judgment involved two stay petitions filed against a common Order-in-Original disallowing Modvat credit of Rs. 7,35,192 and confirming the duty demand. The first applicant, a manufacturing company, had already deposited Rs. 7,00,000, with a balance of Rs. 35,192 to be paid. Penalties were imposed on both the applicants, along with interest on the duty amount.

2. The consultant for the first applicant argued that proper records were maintained, and Modvat credit was availed for received goods. He refuted the allegation of availing credit for goods not received, explaining the unique transport method due to logistical constraints. The statement of the second applicant was challenged as involuntary and retracted. The consultant sought unconditional stay for the remaining duty and penalties.

3. The Revenue contended that Modvat credit was misused without receiving goods, citing a confessional statement admitting to selling the inputs in the market without receipt at the factory. The transport method was deemed implausible due to the distance and prohibited traffic areas. The Revenue upheld the adjudicating authority's reasoning on the limitation aspect.

4. The judge noted that the case was arguable on merits and limitation. With a significant pre-deposit made by the first applicant, the balance duty amount was waived during the appeals' pendency to safeguard the revenue's interest. The judgment favored the waiver of the remaining duty and penalty amounts, considering the deposited sum with the Department.