2005 (3) TMI 640 - AT - Central Excise

Summary

Issues involved: Appeal against order allowing Modvat credit for capital goods based on TR-6 challans; Validity of TR-6 challan as duty-paying document for credit.

Summary:

Issue 1: Modvat credit for capital goods based on TR-6 challans
The Revenue appealed against the order-in-appeal granting Modvat credit for capital goods based on TR-6 challans, arguing that TR-6 challan is not a valid duty-paying document for credit. The respondent contended that the goods were imported, stored in a bonded warehouse, and duty was paid in accordance with an Ex-bond Bill of Entry and assessment order. The Tribunal noted that the assessment order demanded duty and interest based on the Ex-bond Bill of Entry, which the respondent paid and cleared the goods. As the duty was paid in accordance with the assessment order related to the Bill of Entry, the Tribunal held that the respondent was entitled to the credit. Consequently, the Tribunal found no issue with the order and dismissed the appeal.

Conclusion:
The Tribunal upheld the decision allowing Modvat credit for imported capital goods based on the assessment order related to the Ex-bond Bill of Entry, despite the Revenue's objection regarding the validity of TR-6 challans for availing the credit.