2006 (2) TMI 335 - AT - Central Excise

Summary

Issues: Modvat credit disallowed by original authority, validity of Modvat credit, applicability of Tribunal's decision in R.S. Industries case, dispute over receipt of inputs, duty payment particulars on invoices.

In this case, the Appellate Tribunal CESTAT, CHENNAI, examined the appeal where the original authority disallowed Modvat credit of Rs. 2,47,406/- taken by the respondents in 1999 based on invoices from M/s. Indian Oil Corporation Ltd. The authority noted that duty payment mentioned on the invoices had not been paid to the Exchequer by M/s. IOCL, leading to the disallowance of the credit. However, the learned Commissioner (Appeals) allowed the credit by relying on the Tribunal's decision in R.S. Industries v. CCE, New Delhi. The Tribunal distinguished the case of R.S. Industries by highlighting that in that case, duty had been subsequently recovered from the input-supplier, unlike in the present case. The Tribunal emphasized that as long as the receipt of goods under the cover of invoices containing duty paying particulars is not disputed, Modvat credit cannot be denied. The Tribunal found that in the current case, there was no dispute regarding the receipt of inputs by the respondents under the invoices issued by M/s. IOCL, which contained duty payment particulars. Therefore, the Tribunal concluded that the Modvat credit taken by the respondents was valid, and the learned Commissioner (Appeals) correctly applied the law. Consequently, the Revenue's appeal was dismissed.