2000 (10) TMI 512 - Commission - Central Excise

Summary

Issues:

1. Denial of Modvat credit by Revenue.
2. Excess Modvat credit availed by the Applicants.
3. Duty liability admitted by the Applicant.
4. Clean hands doctrine and duty payment.
5. Parameters for admission before the Commission.

Analysis:

The judgment involves a case where the Applicants, engaged in manufacturing parts for the Rail Coach Factory, faced a Show Cause Notice from the Revenue proposing to deny Modvat credit. The Revenue alleged that the Applicants filed incorrect declarations for certain sheets, sold sheets without proper documentation, and purchased sheets without documents as per manufacturer specifications. The Applicants, represented by Shri Lakshmikumaran, did not contest the Notice and admitted to availing excess Modvat credit. They agreed to pay the difference in duty amounts. The Revenue demanded a duty of Rs. 10,99,798, but the Applicant admitted a liability of Rs. 4,63,593.

During the hearing, the Revenue, represented by Shri H.S. Sharma, argued that the Applicants did not come with clean hands as they initially agreed to deposit the full amount but later claimed a lesser duty payment. The Commission clarified that the correct duty amount would be determined at the final hearing, not during the admission stage. The Commission found that the Applicants met the conditions for admission under Section 32E of the Central Excise Act, 1944. Therefore, the Applicants were allowed to proceed under Section 32F(1) and were directed to pay the admitted additional duty liability of Rs. 4,63,593 within 30 days and provide proof of payment to the Settlement Commission.

The judgment emphasized the importance of fulfilling the parameters for admission before the Commission, as specified in the relevant legal provisions. It highlighted the need for transparency and compliance with the law in such matters. All concerned parties were duly informed of the decision, and attention was drawn to the relevant sections of the Central Excise Act, 1944 for further reference and compliance.