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2002 (6) TMI 464 - AT - Central Excise
Issues:
Modvat credit availed on invoices not received by registered dealers under Rule 57GG of Central Excise Rules, 1944. Applicability of Circular No. 107/18/95-CX and Circular No. 96/7/95-CX regarding Modvat credit in transit sales. Validity of Modvat credit availed by the appellants for goods not brought to their premises. Issue 1: Modvat credit availed on invoices not received by registered dealers under Rule 57GG of Central Excise Rules, 1944. The appellants manufactured various goods and availed Modvat credit based on invoices from registered dealers for molasses. The Deputy Commissioner disallowed the credit citing Circular No. 107/18/95-CX, stating that Modvat invoices cannot be issued until goods are received by the dealers. The Commissioner (Appeals) upheld this decision, leading to the current appeal. Issue 2: Applicability of Circular No. 107/18/95-CX and Circular No. 96/7/95-CX regarding Modvat credit in transit sales. The appellant's counsel referred to Circular No. 96/7/95-CX, arguing for Modvat credit in transit sales where goods are sent directly to a job worker. However, the Tribunal found this circular inapplicable as it pertains to direct supply to end-users, not job workers. The invoices did not mention the appellants or the registered dealers as per the circular requirements, leading to the dismissal of this argument. Issue 3: Validity of Modvat credit availed by the appellants for goods not brought to their premises. The Tribunal noted that the molasses were sent to a job worker for conversion, not directly to the appellants as end-users. The invoices did not comply with Circular No. 96/7/95-CX requirements, lacking details of consignee and registered person's instructions. As a result, the Tribunal upheld the Commissioner (Appeals) decision, dismissing the appeal due to lack of merit. This judgment clarifies the limitations of Modvat credit under specific circumstances, emphasizing the importance of compliance with circular instructions for availing such credits.
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