2004 (7) TMI 560 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit for being taken after the expiry of the prescribed time limit.
2. Admissibility of Modvat credit based on substantial compliance with rules.

Analysis:
1. The appeal was filed by the Revenue against the Order-in-Appeal passed by the Commissioner of Central Excise, where the original authority disallowed the Modvat credit on the ground that it was taken after the expiry of six months from the date of issue of prescribed documents under Rule 57G(3).

2. The respondents, engaged in manufacturing, availed Modvat credit on inputs beyond the six-month limit prescribed under rule 57G(5). The original authority denied the credit and imposed a penalty. The Commissioner (Appeals) allowed the appeal, leading to the Revenue's appeal.

3. The department argued that the credit taken beyond six months was inadmissible, while the respondents contended that the Tribunal had previously allowed similar credits due to substantial compliance with the rules. The Advocate for the respondents requested the Department's appeal to be rejected.

4. The judge considered that the inputs were properly accounted for by the respondents in the Stock account, with no dispute over the receipt or use of inputs. The only issue was the entry in RG 23A Part II made beyond the prescribed six-month period. The judge noted that part of the credit was taken within the time limit, and the remaining part was delayed. Despite the delay, the judge found no reason to doubt the respondents' bona fides, as they had substantially complied with the rules.

5. The judge upheld the impugned order, stating that the respondents had substantially complied with the rules, and hence, the credit could not be denied to them. The judge rejected the Revenue's appeal accordingly, emphasizing the importance of substantial compliance in such cases.