2003 (8) TMI 422 - AT - Central Excise

Summary

Issues: Denial of Modvat credit based on the validity of the document presented.

Analysis:
1. The lower authorities denied Modvat credit amounting to Rs. 86,940 to the appellants as the credit was taken based on a photocopy of the triplicate copy of an invoice from M/s. Indian Petrochemicals Corporation Ltd. The jurisdictional Assistant Commissioner was informed that the original and duplicate copies of the invoice were lost in transit, leading to the denial of credit.

2. Both lower authorities disallowed the credit, stating that Modvat credit could only be taken based on the original or duplicate copies of the invoice, not on a photocopy of the triplicate copy. The transporter's affidavit did not confirm the loss of the original or duplicate copies, and there was no provision at the time allowing credit based on a triplicate copy.

3. The appellants relied on certain decisions to support their claim for credit, but the Departmental Representative (DR) argued that these decisions were not applicable based on the Tribunal's decision in CCE v. Avis Electronics Pvt. Ltd. The DR emphasized that the law at the time required Modvat credit to be taken using the duplicate copy of the invoice issued by the input-manufacturer.

4. The Tribunal noted that the credit was taken using a document other than the prescribed original or duplicate copies of the invoice. Rule 57G did not permit the use of a triplicate copy or a photocopy for Modvat credit. The Tribunal upheld the denial of credit, citing the strict adherence to the prescribed procedure for taking Modvat credit as established in previous judgments.

5. The Tribunal concluded that the decisions cited by the appellants' representative could not be followed in light of the specific procedure outlined in Rule 57G for availing Modvat credit. Therefore, the impugned order denying the credit was upheld, and the appeal was dismissed.