2005 (8) TMI 462 - AT - Central Excise

Summary

Issues: Demand of duty and penalty, denial of Modvat credit on inputs, waiver for pre-deposit requirement.

Analysis:

1. Demand of Duty and Penalty: The judgment deals with a demand of duty amounting to Rs. 1.2 crores along with an equal penalty under the impugned order. The appellant filed a stay application seeking a waiver for the pre-deposit requirement of these amounts.

2. Denial of Modvat Credit on Inputs: The grounds for the denial of Modvat credit on inputs included discrepancies such as variation in the description of inputs, failure to take credit on duplicate invoices for transporter, cutting on invoices not signed by the authorized signatory, and absence of mode of transport details in the invoice. The appellant argued that the discrepancies were technical in nature and did not affect the eligibility for credit.

3. Waiver for Pre-Deposit Requirement: The appellant, a major manufacturer of motor vehicles, contended that the objections raised were merely technical. It was established that the items were indeed inputs received under duty paid invoices and used in manufacturing. The judgment highlighted that credit should not be denied based on technical objections alone, especially in light of the amended provisions of Rules 57G and 57T dated 7-2-1999. Considering the appellant's strong prima facie case, the requirement for pre-deposit was waived, and recovery of the demanded amounts was stayed pending the appeal's disposal.

This judgment emphasizes the importance of substantive compliance over technical discrepancies in claiming Modvat credit on inputs, particularly in the context of manufacturing operations. The decision reflects a balanced approach by recognizing the appellant's legitimate claim and providing relief by waiving the pre-deposit requirement until the appeal is resolved.