2004 (9) TMI 560 - AT - Central Excise

Stay/Dispensation of pre-deposit - Cenvat/Modvat of Additional Duty of Customs - Bill of Entry

Summary

Issues:
1. Stay application for waiver of pre-deposit of wrongly taken Modvat credit.
2. Claiming Modvat credit based on photocopy of Bill of Entry without filing a separate Bill of Entry as per regulations.

Issue 1: Stay application for waiver of pre-deposit of wrongly taken Modvat credit:
The appellants filed a stay application for waiver of pre-deposit of Rs. 8,252 Modvat credit allegedly taken on an ineligible document. The appellants claimed to have deposited the amount in the State Bank of India, which was confirmed by a TR6 challan. The Tribunal found the stay application infructuous since the amount had been deposited, leading to the dismissal of the application.

Issue 2: Claiming Modvat credit based on photocopy of Bill of Entry without filing a separate Bill of Entry as per regulations:
The appellants had not filed a separate Bill of Entry as required by the Board's Circular. They argued that the photocopy of the consolidated Bill of Entry attested by Customs authorities should suffice for claiming Modvat credit. They cited precedents where Modvat credit was allowed based on certified copies in the absence of disputes or delays. The revenue contended that the appellants failed to comply with the regulatory requirement, emphasizing the need for a separate Bill of Entry for Modvat credit claims.

Upon review, the Tribunal acknowledged the procedural error on both sides but considered the peculiar circumstances of the case. Despite the non-compliance with filing a separate Bill of Entry, the Tribunal allowed the appellants to avail the Modvat credit, emphasizing that the decision was specific to this case and not to be used as a precedent. The appellants were directed to comply with any indemnity bond requirements set by the department to protect their interests. The impugned order was set aside, allowing the appeal with consequential relief if applicable.

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