2004 (7) TMI 552 - AT - Central Excise

Summary

Issues: Denial of Modvat credit due to lack of endorsement on duty paying documents.

In the case, the appellants appealed against the denial of their claim for Modvat credit by the Commissioner (Appeals) due to the absence of an endorsement on the bill of entry (B/E) in their favor. The appellants argued that the import was initially made by one company, then sold to another, and finally to them, with the credit being claimed based on the bill of entry.

The adjudicating authority rejected the appellants' claim, stating that the duty was paid on the goods before the final sale to the appellants, leading to inconsistencies and rendering the credit ineligible. The appellants contended that despite the subsequent sale dates, the goods were actually purchased from the importers, and the duty paying documents and materials were received in their factory, supported by a certificate from the Superintendent of Central Excise.

The judge noted that the crucial fact of receiving duty-paid goods and utilizing them in manufacturing final products was undisputed. Since there was no evidence of the duty paying documents being misused or going to unauthorized individuals, the judge deemed the documents valid and upheld the appellants' right to Modvat credit. Consequently, the appeal was allowed, and the lower authorities' orders were set aside.