2006 (2) TMI 531 - AT - Central Excise

Summary

Issues: Denial of Modvat credit and imposition of penalty.

In this case, the appellant appealed against the denial of Modvat credit amounting to Rs. 1,84,268 and the imposition of a penalty of Rs. 15,000. The denial of credit was based on the argument that the documents provided by the appellant were not acceptable. The appellant, being a manufacturer, contended that the inputs were purchased directly from the consignment agent of TISCO or under endorsed invoices of the consignment agent. The appellant argued that the denial of credit was unjustified, citing a previous decision by the Tribunal in the case of Hero Cycles. The appellant also referred to a circular by C.B.E & C. stating that credit should only be denied after proper inquiry into the duty paid nature of the goods at the supplier's end, which was not done in this case. The Tribunal examined the record, including the invoices issued by the consignment agent, and found no dispute regarding the duty paid nature of the inputs or the appellant's eligibility for credit. The Tribunal relied on the precedent set in the case of Hero Cycles and the Board's clarification, which emphasized initiating denial of Modvat credit only when satisfied about the non-duty paid nature of the inputs. As there was no dispute about the duty paid nature of the goods and the appellant's eligibility for credit, the denial of credit was deemed unjustified. Consequently, the Tribunal set aside the order denying credit and allowed the appeal, granting any consequential relief to the appellant if necessary. The judgment was dictated and pronounced in open court.