2003 (10) TMI 567 - AT - Central Excise

Summary

Issues:
1. Denial of Modvat credit of Rs. 14,154
2. Denial of Modvat credit of Rs. 69,000

Analysis:

Issue 1: Denial of Modvat credit of Rs. 14,154
The appellants contested the denial of Modvat credit amounting to Rs. 14,154, arguing that the goods were received in the factory and used in the manufacturing process, making them eligible for the credit. However, the Revenue department relied on the decision of the Larger Bench of the Tribunal in the case of CCE, New Delhi v. Avis Electronics (P) Limited, emphasizing that credit can only be availed based on the duplicate copy of the invoice. As the credit in question was taken on a different type of invoice, the denial of credit was upheld by the Tribunal.

Issue 2: Denial of Modvat credit of Rs. 69,000
Regarding the denial of Modvat credit amounting to Rs. 69,000, the appellants argued that the duty-paid capital goods were received in the factory, and they should be entitled to the credit even before the installation of the capital goods. The Revenue department, however, pointed out that the Modvat rules were amended from 1-1-96, requiring compliance with the new provisions, including the necessity of intimating the installation of capital goods. The appellants cited the decision in the case of CCE, Meerut-I v. Modi Rubber Limited, where it was held that if the manufacturer reverses the credit taken before installation, credit can be claimed post-installation. The Tribunal found in favor of the appellants, setting aside the denial of Modvat credit of Rs. 69,000. However, the penalty imposed on this count was upheld by the Tribunal.

In conclusion, the Tribunal upheld the denial of Modvat credit of Rs. 14,154 due to non-compliance with the invoice requirements but set aside the denial of Modvat credit of Rs. 69,000, allowing the appellants to claim the credit post-installation of the capital goods.