2005 (1) TMI 447 - AT - Central Excise

Summary

Issues:
1. Irregular availment of Modvat credit.
2. Manipulation of gate pass consignee's name.
3. Justification for disallowance of Modvat credit.
4. Applicability of penalty under Rule 173Q of the Central Excise Rules.

Analysis:
The case involved an appeal against an order passed by the Collector of Central Excise Bangalore concerning the irregular availment of Modvat credit. The appellants had claimed Modvat credit based on a gate pass consigned to another entity, which was later altered to reflect the appellant's name. The Revenue alleged irregularity and imposed a penalty under Rule 173Q of the Central Excise Rules. The appellants argued that the correction on the gate pass was made by a third party for transportation convenience, with no intention to deceive. They cited precedents emphasizing that procedural lapses should not lead to the denial of substantial benefits.

Upon reviewing the case, the Tribunal noted that the goods were actually received by a job worker, not the appellant, as indicated in the gate pass. The original gate pass had the name of the actual consignee, which was altered in the copy received by the appellant. The Tribunal found that the manipulation of the consignee's name enabled the appellant to claim Modvat credit improperly. While acknowledging the absence of fraudulent intent, the Tribunal emphasized that Modvat credit can only be claimed when both the goods and the duty-paying document are received by the consignee as specified in the gate pass.

The Tribunal concluded that the appellant was not entitled to the Modvat credit due to the discrepancy in the consignee's details. However, it deemed the penalty imposition unjustified, setting it aside. The Tribunal upheld the disallowance of the Modvat credit amount and directed the appellant to pay if not already done. The decision highlighted the importance of adhering to procedural requirements and refraining from actions that circumvent established rules, even for expediency.