2002 (5) TMI 736 - AT - Customs

Summary

Issues:
Modvat credit denial on grounds of improper declaration under Rule 57G; Allegations of suppression and misstatement of facts; Denial of Modvat credit based on original copy of invoice; Justification of the Commissioner's order.

Modvat Credit Denial - Improper Declaration under Rule 57G:
The appellants, engaged in manufacturing, took Modvat credit on "Draw Twisted Yarn" for their final product. The department proposed to deny the credit due to non-declaration under Rule 57G. The Commissioner disallowed Modvat credits and imposed penalties. The appellants argued that minor discrepancies in the declaration were inconsequential for credit availment, citing relevant circulars and case law. The Tribunal noted that changes in tariff headings occurred during the dispute period, but discrepancies were not substantial. The Board's circular prevented denial of credit for procedural lapses. The Tribunal found no intent to evade duty and ruled the demand was time-barred, allowing the appeal.

Allegations of Suppression and Misstatement of Facts:
The department alleged the appellants suppressed facts to evade duty, imposing penalties and confiscation. The appellants contended they disclosed all material facts through returns and declarations. The Tribunal found no evidence of suppression, noting compliance with reporting requirements. Citing case law, the Tribunal concluded the extended period of limitation did not apply, as no grounds existed in the appellants' case. The demand for recovery was deemed time-barred, leading to the vacating of confiscation and penalties.

Modvat Credit Denial Based on Original Copy of Invoice:
The appellants conceded the denial of credit based on the original invoice copy, citing relevant case law. The Tribunal acknowledged the lack of merit in the appellants' case but examined the demand's limitation aspect. Despite the concession, the Tribunal found the demand time-barred, aligning with its overall findings on the appeal.

Justification of the Commissioner's Order:
The Commissioner's order disallowed Modvat credits, imposed penalties, and demanded interest. The Tribunal analyzed the submissions, emphasizing the Board's circular preventing credit denial for procedural lapses. Finding no suppression of facts, the Tribunal ruled the demand was time-barred, setting aside the Commissioner's order and allowing the appeal with consequential relief for the appellants.