2004 (2) TMI 580 - AT - Central Excise

Summary

Issues involved: Denial of Modvat credit based on photocopy of courier bill of entry attested by a Notary.

Summary:
1. The appeal filed by the Revenue concerns the denial of Modvat credit to the respondents based on a photocopy of the courier bill of entry attested by a Notary, deemed invalid by the adjudicating authority. The Commissioner (Appeals) reversed this decision citing legal precedents such as CCE v. Vijayalakshmi Mills and Indian Steel and Wire Products v. CCE, Jamshedpur, as well as Shree Products v. CCE, Pune.

2. The learned SDR argued against the validity of the attested photocopy for Modvat credit, asserting that the legal precedents relied upon by the Commissioner (Appeals) were not applicable to the case. The company's representative claimed that the original triplicate copy of the courier bill of entry was lost, and the material received was duty paid and used in manufacturing final products, thus supporting the order.

3. After hearing both sides and reviewing the record, it was found that the Commissioner (Appeals) erred in allowing Modvat credit based on the attested photocopy without proving the loss of the original triplicate copy of the courier bill of entry. The legal precedents cited were deemed inapplicable as there was no evidence of loss of the original or duplicate copy, rendering the attested photocopy invalid for Modvat credit. Consequently, the order of the Commissioner (Appeals) was overturned, and the original order disallowing Modvat credit and imposing penalties on the respondents was reinstated, with the Revenue's appeal being upheld.