2007 (7) TMI 475 - AT - Central Excise

Summary

Issues Involved: Denial of Modvat credit based on incorrect duty paying documents.

Analysis:
The appeal in this case was against the Order-in-Appeal denying Modvat credit to the respondent due to alleged issues with the duty paying documents. Despite the absence of the respondent, the appeal was taken up for disposal as the issue was covered by a decision of the Larger Bench of the Tribunal. The main issue revolved around the denial of Modvat credit to the respondent on the grounds that the duty paying documents were deemed incorrect, unauthenticated, and issued by unregistered dealers, not complying with Rule 57G of the Central Excise Rules, 1944.

The Commissioner (Appeals) found that there was no dispute regarding the receipt of inputs, their utilization in the manufacture of dutiable finished goods, and the duty paid nature of such inputs by the appellants. It was concluded that there was substantial compliance with the Modvat rules, making the Modvat credit undeniable to the appellants. The lapses highlighted by the Revenue were considered technical in nature, and the lower authority could have condoned these lapses after verifying the mandatory compliance by the appellants, as per the Board's Circular No. 441/7/1999-CX. The Commissioner (Appeals) correctly followed the Board Circular, emphasizing the need to ascertain the duty paid character of goods and their receipt and consumption in the factory premises when duty paying documents are defective.

The issue was found to be squarely covered by the decision of the Larger Bench in the case of Kamakhya Steel (P) Ltd. [2000 (121) E.L.T. 247], favoring the respondent. Consequently, it was held that the Commissioner (Appeals) had appropriately applied the law as established by the Larger Bench and the Board's Circular. Therefore, the impugned order did not warrant any interference, leading to the rejection of the appeal filed by the Revenue.