2004 (5) TMI 516 - AT - Central Excise

Summary

Issues: Denial of Modvat credit for failure to produce duplicate Bill of Entry.

In this appeal, the issue pertains to the denial of Modvat credit amounting to Rs. 4,66,174.52 to the appellants due to their failure to produce the duplicate copy of the Bill of Entry, which was the only admissible document for claiming the credit at that time under the law. The appellants had availed the credit based on a Bill of Entry dated 31-1-1991, but the Revenue alleged that the credit was taken on a Bill of Entry dated 31-1-1992. However, there was no evidence to support this claim. The appellants maintained that they rightfully availed the credit based on the Bill of Entry dated 31-1-1991, and the Revenue's argument that credit was not available on this Bill of Entry was found to be untenable. The Tribunal had previously sent the matter back to the adjudicating authority for reconsideration upon the production of the triplicate original copy of the Bill of Entry dated 31-1-1991, where the correctness of the Bill of Entry and the utilization of inputs were not disputed. The Tribunal held that the credit on the Bill of Entry dated 31-1-1991 was rightly availed by the appellants in accordance with the law, and since no credit was taken on the Bill of Entry dated 31-1-1992, there was no basis for reversal or recovery of the credit amount. Consequently, the impugned order was set aside, and the appeal of the appellants was allowed with consequential relief as per law.