2001 (6) TMI 637 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit on imported goods split into lots and dispatched without duty paying documents.
2. Disallowance of Modvat credit and imposition of personal penalty by Assistant Commissioner.
3. Appeal against the order of Assistant Commissioner by the Commissioner (Appeals).
4. Disallowance of Modvat credit by Assistant Commissioner on the grounds of goods not being received in original packing and non-production of Original GRs.
5. Commissioner (Appeals) decision on the disallowed Modvat credit amounts.
6. Disallowance of Modvat credit by Assistant Commissioner for non-production of original GRs.
7. Commissioner (Appeals) reliance on original copies of Material Receipt Memos and Original Sales Tax Form 31.
8. Commissioner (Appeals) findings on the admissibility of Modvat credit.
9. Upholding of the impugned order-in-appeal and rejection of Revenue's appeal.

Analysis:
1. The case involves a dispute over the disallowance of Modvat credit on imported goods split into lots and dispatched without duty paying documents. The Assistant Commissioner initially disallowed a portion of the credit and imposed a personal penalty, which was appealed by the respondents.
2. The Assistant Commissioner disallowed Modvat credit on the grounds that the goods were not received in original packing and Original GRs were not produced. However, the Commissioner (Appeals) overturned this decision, stating that the goods were received in the factory without opening the drums, indicating original packing.
3. The Commissioner (Appeals) also relied on original copies of Material Receipt Memos and Original Sales Tax Form 31 to support the receipt of goods in the factory, rejecting the Assistant Commissioner's disallowance based on technical aspects.
4. The judgment concludes by upholding the impugned order-in-appeal and rejecting the Revenue's appeal, emphasizing the admissibility of Modvat credit in the absence of evidence that goods were not received in the factory, regardless of the non-production of original GRs.