2000 (6) TMI 94 - AT - Central Excise

Summary

Issues:
1. Confirmation of demand for differential duty on block board.
2. Applicability of Modvat credit and cum-duty pricing.

Analysis:
1. The judgment addresses the confirmation of a demand for differential duty on block boards for a specific period. The duty amount was already realized by the Revenue through encashing the bank guarantee provided by the appellants. The classification of block boards was settled by a previous Supreme Court decision. The Tribunal's decision in the case of National Plywood Industries Ltd., which was upheld by the Supreme Court, was cited to establish liability for duty payment on block boards in the present case.

2. The judgment also considers the applicability of Modvat credit and cum-duty pricing. While these aspects were not directly raised before the Tribunal, it was acknowledged that the benefit of Modvat credit should be extended to the appellants based on previous rulings. Reference was made to a Tribunal decision regarding Modvat credit availability even if procedural requirements were not strictly followed. Additionally, the judgment discussed the pricing of products as cum-duty prices, citing a Tribunal decision and referring to relevant Supreme Court precedents. Consequently, the appellants were deemed entitled to Modvat credit benefits and the deduction of duty from their prices, leading to a re-quantification of the duty demand.

Overall, the judgment affirms the confirmation of the demand for duty on block boards while also recognizing the entitlement of the appellants to Modvat credit benefits and the adjustment of prices to reflect cum-duty pricing.