2003 (10) TMI 223 - AT - Central Excise

Summary

Issues involved:
Admissibility of Modvat credit on HSD oil.

Analysis:

The appeal in question dealt with the admissibility of Modvat credit on HSD oil. The appellants, M/s. Shyam Filaments Ltd., had taken the credit of duty paid on HSD oil under Rule 57B of the Central Excise Rules, 1944. They argued that Section 112 of the Finance Act, 2000, which disallowed the Modvat credit on HSD oil with retrospective effect, was being challenged in various legal proceedings. The appellants contended that the lower authorities should have awaited the decision of the Supreme Court and the High Court before deciding against them. They also argued that Section 112 of the Finance Act, 2000 only validated demands that had already been adjudicated by the show cause notice, and did not automatically confirm demands that were not part of the show cause notice.

Upon consideration, it was noted that multiple show cause notices were issued to the appellants between 1998-2000 for disallowing the Modvat credit on HSD oils. The Tribunal referred to previous judgments, including the case of Chemo Pulp Tissues v. CCE, Meerut and CCE v. Mysore Cement Ltd., which held that HSD oil was not eligible for credit during the relevant period due to the provisions of Section 112 of the Finance Act, 2000. Section 112 explicitly stated that no Modvat credit on duty paid on HSD oil was admissible during the specified period, and provided for the payment of interest if the amount was not paid within 30 days of the Finance Act, 2000 receiving the assent of the President. The Tribunal emphasized that, based on these specific provisions, the appeal lacked merit and was therefore rejected. The Tribunal also dismissed the appellants' argument regarding pending legal proceedings, noting that the appellants had not challenged the validity of Section 112 in any court or filed an appeal in the Supreme Court, nor had they provided any orders staying the operation of the said section.

In conclusion, the Tribunal upheld the disallowance of Modvat credit on HSD oil to the appellants based on the provisions of Section 112 of the Finance Act, 2000, and rejected the appeal due to lack of merit in the arguments presented by the appellants.