2004 (4) TMI 424 - AT - Central Excise

Summary

Issues:
Stay of operation of impugned order regarding Modvat credit based on original copy of invoice without permission.

Analysis:
The judgment pertains to an appeal filed by the Revenue against an order allowing Modvat credit to the respondent based on the original copy of the invoice without the required permission from the jurisdictional Assistant Commissioner. The Tribunal noted that the proper document for Modvat purposes was the duplicate copy of the invoice, and if lost, the original copy could be used with prior permission. However, there was no evidence of the respondent applying for such permission, indicating an illegal credit claim. Citing a precedent from a Larger Bench, the Tribunal emphasized the irregularity of taking Modvat credit without prior permission. While acknowledging the Revenue's strong case, the Tribunal found no valid grounds for staying the operation of the impugned order. It was highlighted that in the presence of a Tribunal decision on the issue, the Department's quasi-judicial authorities should not be expected to follow the impugned order.

In the absence of grounds for a stay, the Tribunal declined to stay the operation of the impugned order. However, considering the circumstances, a direction was issued to the respondent not to utilize the Modvat credit in question if not already utilized. Ultimately, the application was dismissed with the aforementioned direction to the respondent, maintaining the decision regarding the Modvat credit issue.