2001 (11) TMI 672 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, Kolkata denied Modvat credit to the appellants for availing it based on invoices from non-registered dealers. The denial was upheld due to lack of proof of loss of duplicate invoice and failure to follow procedure. However, credit denial based on photocopy of duplicate invoice was also justified. An amount of Rs. 8,388.86 was denied as the invoice was issued by a non-registered dealer, but the appellants argued it was under Rule 52A. The matter was remanded for verification. No penalty was imposed as the law was unclear at the time and the credit was not utilized. Penalty of Rs. 25,000/- was set aside.