Commissioner of C. Ex., Mangalore vs Hindustan Petroleum Corporation Ltd.

N. Kumar, J.—The revenue has preferred this appeal challenging the order passed by the Tribunal upholding the order of the Commissioner of Central Excise which had granted the benefit to the assessee on reversal of proportionate cenvat credit before it is being utilised. The assessee is a Public Sector undertaking engaged in the business of refining of crude oil and marketing various petroleum products. Except naphtha, all other products manufactured and sold suffered excise duty. In so far as naphtha, it is exempted from the payment of excise duty. However, modvat credit on the inputs used in the manufacturing of the final product including naphtha, was availed by the assessee. On being pointed out that they were not entitled to modvat credit in so far as naphtha is concerned, they proportionately reversed the credit in respect of naphtha. However, the Commissioner passed an order levying duty in respect of naphtha. The same was challenged by the assessee before the Tribunal. The Tribunal held in the first place that the naphtha is cleared by following the procedure prescribed in Chapter 10. Even otherwise, it was held that the pro rata reversal credit had been effected for the inputs used in naphtha relating to the clearance for the manufacture of fertilizers. It also held that the reversal of credit amounts to non-taking of credit. In that view of the matter, there is no liability to pay duty and therefore, they dismissed the appeal filed by the revenue. Aggrieved by the same, the revenue is in appeal.

The transaction in question is for the period prior to 2002. Now, Section 57CCC has been introduced giving retrospective effect, The retrospective effect of such aforesaid provision is considered by the Tribunal and the Courts have accepted the same and they have been given effect to. In that view of the matter, we do not see any merit in this appeal. Accordingly, the appeal is dismissed.