2017 (8) TMI 1276 - HC - Central Excise

Deemed credit - assessee being SSI, availed Modvat Credit facility, as envisaged in N/N. 1/93 - Held that - the facts of this case are also identical to facts in First Appeal No. 95 of 2005 and, thus, the said judgment that would be delivered by us in the said First Appeal, would apply to the facts of this case also. We are, thus, not rendering separate reasons for allowing this appeal - appeal allowed - decided in favor of assessee.

Summary

Issues involved:
Interpretation of deemed credit facility under Central Excise Act, 1944 for a Small Scale Unit availing Modvat Credit facility.

Detailed Analysis:

Issue 1: Deemed Credit Facility
The appellant, a Small Scale Unit, availed the Modvat Credit facility under Notification No. 1/93 Central Excise. The dispute arose when show cause notices were issued by the Superintendent, Central Excise, alleging non-payment. The Additional Commissioner confirmed the demand and imposed a penalty, which was later overturned by the Commissioner of Central Excise (Appeals). However, the Tribunal, following a Larger Bench Decision, disallowed the Modvat Credit facility. The appellant filed an appeal under Section 35G of the Central Excise Act, challenging the Tribunal's decision.

Issue 2: Tribunal's Decision
The Tribunal upheld the disallowance of the Modvat Credit facility to the appellant, leading to the filing of an appeal before the High Court. The High Court admitted the appeal based on substantial questions of law, questioning the correctness of the Tribunal's decision. The questions raised pertained to the availability of deemed credit after crossing the clearance value of Rs. 75,00,000 and the misreading of the exemption notification dated 28/2/1993. The High Court, after considering similar judgments from other High Courts, found in favor of the appellant.

Issue 3: Judgment
The High Court, after hearing arguments and considering the facts of the case, decided in favor of the appellant. The Court noted that the facts were identical to another appeal where a similar judgment was delivered. As a result, the High Court set aside the Tribunal's order, allowing the appeal in favor of the appellant. The substantial questions of law were answered negatively, deciding in favor of the assessee against the Revenue. The Court's order included setting aside the Tribunal's order and allowing the appeal with no costs imposed.

In conclusion, the High Court's judgment in this case revolved around the interpretation of the deemed credit facility for a Small Scale Unit availing the Modvat Credit under the Central Excise Act, 1944. The Court's decision favored the appellant, setting aside the Tribunal's order and allowing the appeal based on substantial questions of law raised during the proceedings.