2005 (2) TMI 725 - AT - Central Excise

Summary

Issues:
Denial of modvat credit on HR-CR Coils due to cutting of HR Sheets from the Coils.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved the denial of modvat credit to the respondents on HR-CR Coils due to the cutting of HR Sheets from the Coils. The Revenue contended that the cutting of HR Sheets amounted to manufacture, leading to the denial of credit. However, the Tribunal noted that the HR Sheets were cut from the HR Coils procured by the respondents under duty paid invoices. The Commissioner (Appeals) rightly rejected the Revenue's argument as the HR Sheets were cut from duty paid Coils, and there was no dispute regarding the duty paid character of the goods. The Tribunal agreed that the cutting of HR Sheets did not result in the manufacture of a new product, as both the Coils and Sheets fell under the same sub-heading of the Tariff, as highlighted in the impugned order.

The Tribunal found no illegality in the impugned order where the Commissioner (Appeals) allowed the Modvat credit to the respondents after overturning the order-in-original. The Tribunal upheld the decision of the Commissioner (Appeals) and dismissed the appeal of the Revenue. The operative part of the order was pronounced in open court on 17-2-2005, concluding the matter in favor of the respondents.