2006 (12) TMI 440 - AT - Central Excise

Summary

Issues Involved:
Denial of modvat credit on duty paid inputs due to discontinuation of proforma credit facility.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Ahmedabad was against the order-in-appeal that upheld the original order. Despite the respondent not appearing, the Tribunal heard the arguments of the SDR and reviewed the records. The central issue was the denial of modvat credit on inputs received by the respondent between 20th May to 6th May, 1994, following the discontinuation of the proforma credit facility as per Notification No. 24/94 dated 20-5-94. The respondent sought to transfer the proforma credit to the modvat account. The Tribunal noted that the respondents were indeed eligible for modvat credit on the proforma credit availed during the mentioned period. It emphasized that both proforma credit and modvat credit are beneficial and should not be denied based on technicalities alone. As there was no evidence to suggest that the respondents had not availed both types of credit, the Tribunal found no grounds to reject the credit amount. Consequently, it held that the lower authorities' decisions were in line with established legal principles.

In conclusion, the Tribunal found no merit in the revenue's appeal and dismissed it. The judgment highlighted the importance of not denying modvat credit solely on technical grounds and reaffirmed the eligibility of the respondents for such credit based on the proforma credit they had availed. The decision underscored the need to interpret and apply tax laws in a manner that upholds the intended benefits for taxpayers without unjustified denials based on procedural issues.