2000 (7) TMI 609 - AT - Central Excise

Summary

Issues:
1. Availing Modvat credit of countervailing duty paid on HDPE granules for clearance of Master Batch without declaring HDPE granules as input.
2. Allegation of not restricting Modvat credit earned on LDPE granules to quantum-wise accounts of input for each final product.

Analysis:

Issue 1:
The appellants were engaged in manufacturing Master Batch and HDPE/PP Tapes/Fabrics/Sacks, availing the Modvat credit facility. The Revenue alleged that they availed Modvat credit of countervailing duty paid on HDPE granules for Master Batch clearance without declaring HDPE granules as input. The ld. Consultant for the appellants argued that duty on Master Batch was not paid from the CVD credit on HDPE granules. A detailed chart was presented to show no credit usage of CVD on HDPE granules during a specific period. The authorities did not consider this chart. The ld. Counsel relied on Tribunal decisions stating that a one-to-one correlation between input and final product was not necessary under Modvat Rules. The Bench found the case fit for remand due to the unexamined chart, directing the Commissioner to reevaluate based on the chart and pass orders after hearing the appellants.

Issue 2:
The third SCN alleged that Modvat credit earned on LDPE granules should be restricted to quantum-wise accounts of input for each final product. The ld. DR reiterated the authorities' findings on cross-utilization of credit. The Bench noted that this issue was covered by Tribunal decisions in similar cases, allowing cross-utilization of credit earned on common inputs. Following the precedent set by the Tribunal, the Bench held that cross-utilization of credit on common inputs was permissible. Consequently, the appeal was partly allowed and partly remanded for further proceedings.

This judgment highlights the importance of proper documentation and consideration of evidence in excise duty matters, emphasizing adherence to legal provisions and precedents established by higher authorities.