2003 (10) TMI 562 - AT - Central Excise

Summary

Issues:
1. Denial of Modvat credit based on a certificate issued by Superintendent (Prev.)
2. Validity of duty paying documents for Modvat credit
3. Dispute over duty payment on glass shells stored outside the factory premises

Analysis:
1. The first issue revolves around the denial of Modvat credit based on a certificate issued by Superintendent (Prev.). The objection raised was that the credit taken on the strength of this certificate was deemed inadmissible. The lower authorities contended that only specified duty paying documents could serve as the basis for claiming Modvat credit, and the certificate in question did not qualify. However, the Tribunal found this objection to be unfounded. The duty paying documents used initially to claim credit were not disputed. When a shortage of glass shells was identified, the appellant clarified that the shells were stored outside the factory godown. Subsequently, the credit related to these shells was reversed, indicating duty payment on the cleared inputs. Despite allegations of clandestine removal, the Tribunal emphasized that the duty payment on the glass shells remained valid, even if the invoicing procedure was not followed strictly.

2. Moving on to the second issue, the Tribunal scrutinized the validity of duty paying documents for claiming Modvat credit. It was highlighted that the debit entry made for the duty payable on the glass shells stored outside the factory premises was a legitimate duty payment. The certificate from the Superintendent (Prev.) merely corroborated this payment and its association with the specific quantity of glass shells. The Tribunal rejected the argument that the glass shells were removed clandestinely, emphasizing that the duty payment's legal validity was not compromised by such allegations. The absence of invoicing for the transferred shells was identified as the primary deficiency in the transaction, but it did not negate the duty-paid status of the inputs.

3. Lastly, the dispute over duty payment on glass shells stored outside the factory premises was addressed. The Tribunal concluded that the re-entry of these duty-paid glass shells into the factory for use in the final product manufacturing process warranted the allowance of Modvat credit. The authorities' attempt to disallow the credit was deemed unjustified, given the clear evidence of duty payment on the inputs. Consequently, the appeal was successful, and the Tribunal allowed the appellant's claim for Modvat credit based on the duty paid on the glass shells stored outside the factory premises.