2005 (8) TMI 548 - AT - Central Excise

Summary

Issues involved:
- Disallowance of Modvat credit due to unauthenticated invoices
- Applicability of Rule 57G of the Central Excise Rules
- Impact of the Notification No. 7/99-C.E. (N.T.)
- Interpretation of the Circular No. 441/7/99-CX
- Denial of credit based on unauthenticated invoices

Analysis:

The appeal was filed against the disallowance of Modvat credit by the Commissioner (Appeals) due to unauthenticated invoices. The appellant received inputs from a specific corporation and claimed credit, but the Revenue issued a show cause notice for denial of credit citing unauthenticated invoices. The appellant argued that as per Rule 57G(2)(h) of the Central Excise Rules, credit can be taken on invoices authenticated by the proper officer. They relied on a Tribunal decision and a circular clarifying wrong availment of credit on procedural grounds before issuing show cause notices.

The Revenue contended that Rule 57G required invoices for credit to be duly authenticated, which the appellant did not dispute. They cited a Tribunal decision where credit was denied for unauthenticated invoices. The main issue was whether credit availed on unauthenticated invoices should be set aside. The Tribunal noted an amendment to Rule 57G and a circular allowing credit despite minor procedural lapses, emphasizing the duty paid nature of goods and proper enquiries by the Assistant Commissioner.

The Tribunal found that the appellant's invoices contained necessary particulars and were verified by authorities, including confirmation of duty payment from the supplier. Considering the amendment to Rule 57G and the circular, the denial of credit solely based on unauthenticated invoices was unjustified. Therefore, the impugned order was set aside, and the appeal was allowed, highlighting the importance of proper documentation and verification in claiming Modvat credit.