2009 (4) TMI 716 - AT - Central Excise

Summary

Issues Involved: Appeal against denial of Modvat credit and imposition of penalty based on procedural lapses in invoices.

Summary:
The appeal was filed against an order-in-appeal that set aside the Assistant Commissioner's order dropping proceedings against the Appellant for denial of Modvat credit. The Appellant, a manufacturer of footwear, had purchased chemicals from a first stage dealer and claimed Modvat credit. The Department issued a show cause notice seeking denial of Modvat credit due to procedural lapses in the invoices. The Assistant Commissioner dropped the proceedings, stating that the Modvat credit cannot be denied based on procedural lapses. The Department filed a review appeal, which was allowed, leading to the present appeal before the Tribunal.

Details:
The Appellant's Counsel argued that the Modvat credit was taken based on duplicate invoices from the first stage dealer, and the absence of certain details should not result in denial of credit. The Counsel emphasized that the Assistant Commissioner had confirmed the invoices were duplicates and that procedural formalities should not be a reason to deny Modvat credit. The Departmental Representative defended the impugned order, highlighting the absence of key details in the invoices as grounds for denying the credit.

Upon consideration, the Tribunal found that the Appellant had received the goods from the first stage dealer and that the invoices were indeed duplicate. The Tribunal noted that the absence of specific details like "duplicate for transportation" and duty debit at the manufacturer's end were procedural lapses. The Tribunal also took into account certificates provided by the dealer mentioning the mode of transport and vehicle numbers. Therefore, the Tribunal concluded that the denial of Modvat credit based on procedural lapses was unjustified, setting aside the impugned order and allowing the appeal.