2007 (7) TMI 483 - AT - Central Excise

Summary

Issues:
Admissibility of Modvat credit on capital goods without proper duty paying document.

Analysis:
The appellant challenged the Commissioner (Appeals) order upholding that Modvat credit of Rs. 1,37,741/- on capital goods was not admissible due to the absence of a proper duty paying document, specifically a bill of entry. The appellant, engaged in manufacturing taps and cocks, faced scrutiny regarding Modvat credit taken on capital goods. The Revenue requested all modvatable invoices related to the RT-12 returns, which were not submitted, leading to a show cause notice for recovery of wrongly availed Modvat credit and penalty imposition.

During the hearing, the department's representative submitted copies of letters and a bill of entry to show the credit was taken under a modvatable document. However, the adjudicating authority deemed the bill of entry submitted by the appellant as improper, as it was not signed by the Customs officer and lacked certification of the place of issue, violating Rule 52T(6) of the Rules. The Appellate Commissioner also found no Customs Officer's signature or stamp on the documents, leading to the dismissal of the appeal while reducing the penalty.

The original record revealed that the appellant had submitted the original bill of entry to the Revenue authorities, Mathura Range, through correspondence. The bill of entry, generated by the Electronic Data Interchange System, was treated as the original duplicate for the importer. The court noted that Rule 57G(3) allowed credit under a duplicate bill of entry generated on the Electronic Data Interchange System. As the bill was computer-generated from the Revenue department and genuine, the denial of Modvat credit admissibility, duty recovery, and penalty imposition were deemed unsustainable. Consequently, the appeal was allowed, setting aside the impugned orders.

This detailed analysis highlights the issues surrounding the admissibility of Modvat credit on capital goods without a proper duty paying document, the procedural discrepancies in document submission, and the legal interpretation of relevant rules governing Modvat credit eligibility.