2007 (5) TMI 484 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit availed by the appellants.
2. Settlement of duty issue by the supplier before the Settlement Commission.
3. Bar on the demand of duty due to limitation.

Issue 1: Disallowance of Modvat credit availed by the appellants:
The appellants, engaged in manufacturing, availed Modvat credit based on allegedly fake invoices. The adjudicating authority disallowed the credit and imposed a penalty, a decision upheld by the Commissioner (Appeals). The advocate for the appellants argued that the supplier had settled the issue before the Settlement Commission, depositing the duty, making the disallowance unjustified. However, the Tribunal found no evidence of the specific amount being deposited before the Settlement Commissioner, concluding that the credit was based on fake invoices. The Tribunal upheld the decision disallowing the Modvat credit, rejecting the appeal.

Issue 2: Settlement of duty issue by the supplier before the Settlement Commission:
The Settlement Commission ordered the supplier to pay the balance duty amount and interest, with the Commissioner of Central Excise to issue a certificate for the duty payment. The Tribunal noted that the supplier had deposited the duty, as per the Settlement Commission order, and the certificate was to be issued for the recipient's Modvat credit examination. Despite the advocate's reference to a letter directing the appellants to approach the Commissioner, no evidence of duty payment or certificate issuance was produced. The Tribunal emphasized the lack of a certificate confirming duty payment for the specific invoices, leading to the rejection of the appeal based on the Settlement Commission's order.

Issue 3: Bar on the demand of duty due to limitation:
The advocate argued that the demand was time-barred, but the Tribunal disagreed, citing the use of fake invoices for credit and the time taken for investigation. As the authorities conducted a thorough inquiry, the Tribunal found no grounds to consider the demand as time-barred. Consequently, the Tribunal upheld the Commissioner (Appeals) decision, rejecting the appeal based on the lack of evidence regarding duty payment and the absence of a certificate from the Commissioner of Central Excise, Jamshedpur.

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