2007 (2) TMI 561 - AT - Central Excise

Summary

Issues:
Eligibility of Modvat/Cenvat credit on attested triplicate copy of invoice.

Analysis:
The case involved an application for rectification of mistake against the Final Order dismissing the Appeal filed by the applicant regarding the eligibility of Modvat/Cenvat credit on the attested triplicate copy of the invoice due to the loss of original and duplicate copies during transit. The applicant argued that the order did not consider relevant Tribunal decisions and a CBEC Circular. The applicant's advocate contended that the error was apparent on the face of the order for not considering the cited decisions during the hearing. On the other hand, the SDR representing the Respondent opposed the application, stating that there was no mistake in the Tribunal's order as it considered the relevant law during the period in question.

Upon considering the submissions, the Tribunal noted that the order dated 6-10-06 had concluded that the applicant was not eligible to avail the Modvat credit on the attested triplicate copy of the invoice. The Tribunal emphasized that the manufacturer must retain the triplicate copy of the invoice, as it is mandatory when clearing dutiable products. The Tribunal found that the case law cited by the applicant's Counsel did not address this mandatory aspect of the law, which must be adhered to when claiming Modvat credit. Consequently, the Tribunal determined that there was no apparent mistake in the order dated 6-10-06 and dismissed the application for rectification of mistake.

In conclusion, the Tribunal's decision was based on the mandatory requirement for manufacturers to retain the triplicate copy of the invoice when availing Modvat credit. Despite the arguments presented by the applicant, the Tribunal found no error in its previous order and upheld the dismissal of the appeal.