2008 (11) TMI 511 - AT - Central Excise

Summary

Issues:
Department's appeal against order allowing credit - Loss of duty paying documents - Verification confirming duty paid nature - Commissioner (Appeals) decision upheld.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi was filed by the Department challenging the order of the Commissioner (Appeals) dated 21-4-2006, which upheld the original authority's decision allowing credit of Rs. 1,00,533. The respondents did not appear during the proceedings. The duty paying documents necessary for credit were reported lost, and an FIR was filed regarding the loss. However, verification by the Range Superintendent confirmed the duty paid nature, consignee's name, commodity, and quantity received by the respondent, leading to the original authority granting the credit.

The Commissioner (Appeals) affirmed the decision, emphasizing that there was no dispute regarding the receipt of goods by the respondents or the duty paid character of the goods. Despite the loss of original and duplicate copies of invoices, the respondents used extra copies to claim credit. The Commissioner noted that the lower authority had the discretion to condone procedural lapses and allow credit, which was done in this case. The Commissioner rejected the Review Application, stating that substantive benefit should not be denied due to procedural lapses.

During the appeal, the learned DR reiterated the grounds and cited a Tribunal decision in a similar case. After considering the submissions and reviewing the records, the Tribunal found no reason to interfere with the Commissioner (Appeals)'s order. Given the factual confirmation of duty paid nature and receipt of goods, both by the original authority and Commissioner (Appeals), the Tribunal upheld the decision, ultimately rejecting the Department's appeal. The judgment was pronounced in open court, concluding the matter.