2007 (11) TMI 525 - AT - Central Excise

Summary

Issues involved: Whether appellant entitled to avail Modvat credit on the basis of credit notes issued by them.

The judgment by the Appellate Tribunal CESTAT, AHMEDABAD dealt with the issue of availing Modvat credit based on credit notes. The lower authorities had confirmed a duty amount and imposed a personal penalty on the appellant for availing credit notes as the basis for Modvat credit. The impugned order stated that credit notes are not prescribed documents for availing Cenvat credit under Rule 7 of Cenvat Credit Rules. The tribunal agreed with the adjudicating authority's findings and held that taking Modvat credit on credit notes is irregular and against the law. The equivalent penalty imposed was deemed just and proper. The appellants did not contest that credit notes were not prescribed documents for Modvat credit but argued that assessments were not finalized before denial of credit. The tribunal noted that the appellants did not await final assessment before availing credit on credit notes. Despite reducing the personal penalty to 25% of the duty amount due to lack of mala fide intention, the appeal was rejected.

In summary, the judgment emphasized that credit notes are not valid documents for availing Modvat credit as per the Cenvat Credit Rules. The tribunal upheld the lower authorities' decision to confirm the duty demand and impose a penalty on the appellant for irregularly availing credit based on credit notes. The appellant's argument that assessments were not finalized before denial of credit was not accepted as they did not await final assessment before claiming credit. Despite reducing the penalty due to lack of mala fide intention, the tribunal rejected the appeal.