2007 (11) TMI 531 - AT - Central Excise

Summary

Issues involved:
The dispute relates to Modvat credit available to the textile w.e.f. 1-4-03, in respect of stock lying as on 31-3-03. The main issue is the denial of Modvat credit by the authorities below based on the filing of multiple declarations by the appellant.

Modvat Credit Dispute:
The appellant filed a declaration on 7-4-03 regarding the stock available as on 31-3-03, which was later revised twice on 16-4-03 and 22-4-03. The authorities denied Modvat credit due to the multiple revisions of the declaration. However, the Tribunal found no justification in this reasoning. The purpose of filing the declaration was to inform the Revenue about the stock position and enable verification. The Tribunal noted that the initial filing period was changed to June 2003, allowing for revisions if there was a reasonable cause. Instead of outright rejection, the authorities should have verified the stock position as on 31-3-03. Therefore, the Tribunal set aside the impugned order and remanded the matter for a detailed examination of the appellant's claim for Modvat credit concerning the stock available on the specified date.

Decision and Conclusion:
In conclusion, the Tribunal allowed the appeal by way of remand, indicating that the stay petition was also disposed of. The matter was remanded to the Assistant Commissioner for a thorough examination of the appellant's claim for Modvat credit in relation to the stock available as on 31-3-03. The Tribunal emphasized the importance of verifying the stock position rather than rejecting the claim based solely on the number of declaration revisions.