2000 (12) TMI 182 - AT - Central Excise

Summary

Issues involved: Eligibility of Modvat credit for items consumed captively after manufacturing in the same factory, classification under Tariff Item 68, invocation of larger period of limitation for non-filing of classification list and non-payment of duty.

Eligibility of Modvat Credit: The appeals were filed against the decision regarding the eligibility of Modvat credit for items consumed captively after manufacturing in the same factory, such as storage bins, racks, hand trolleys, and partitions. The appellants, manufacturers of automobile parts, claimed exemption under Notification No. 118/75 but did not file a classification list for these items after the Central Excise Tariff Act came into effect. Show cause notices were issued for the period in question, alleging failure to take necessary licenses, non-filing of classification lists, and non-payment of duty.

Invocation of Larger Period of Limitation: The main contention of the assessee was that since the Department was aware of the manufacturing of these goods for captive consumption since 1972, the invocation of a larger period of limitation was not justified. They argued that unless there was deliberate suppression of facts, the department could not invoke a longer period of limitation. However, the adjudicating authority rejected this argument, leading to the appeals.

Decision and Reasoning: The Tribunal considered the submissions and noted that the appellants were not eligible for Modvat credit, as they had not filed the required classification list despite being aware of the law. Citing a previous judgment, the Tribunal held that the appellants had violated the law by not filing the classification list, and therefore, the appeals were dismissed. The Tribunal emphasized that the knowledge of the department about the manufacturing activities did not exempt the appellants from the provisions of the Central Excise Act.