2007 (5) TMI 82 - AT - Central Excise

Cenvat/Modvat - Alleged that appellant had modvat credit issued by depot/division without having proper Central Excise registration and therefore no modvat credit admissible - Held that the allegation was correct and sustained

Summary

Issues:
Admissibility of Modvat credit based on invoices issued by unregistered dealers and lack of necessary declarations under Rule 57G.
Validity of invoices issued by M/s. Bela Instruments for availing Modvat credit.
Interpretation of Circular No. 76/76/94 and compliance requirements for availing Modvat credit.
Applicability of Board Circulars and Notifications for availing Modvat credit.
Verification of documents and procedural compliance for Modvat credit eligibility.

Issue 1: Admissibility of Modvat credit based on invoices issued by unregistered dealers and lack of necessary declarations under Rule 57G.
The appellant, a manufacturer of excisable goods, availed Modvat credit based on invoices from unregistered dealers. The Revenue contended that the appellant availed credit without necessary declarations under Rule 57G. The adjudicating authority found discrepancies in the invoices leading to disallowance of Modvat credit. The appellant argued that invoices issued during the registration process should be considered valid. However, the Tribunal upheld the disallowance, emphasizing the importance of compliance with registration requirements for availing Modvat credit.

Issue 2: Validity of invoices issued by M/s. Bela Instruments for availing Modvat credit.
The appellant claimed that invoices issued by M/s. Bela Instruments, a division of the manufacturer, should be treated as valid for Modvat credit. However, the Commissioner (Appeals) found that M/s. Bela Instruments was not registered as a dealer and lacked proper Central Excise registration. The Tribunal agreed that the invoices did not meet the Circular requirements, leading to the disallowance of Modvat credit.

Issue 3: Interpretation of Circular No. 76/76/94 and compliance requirements for availing Modvat credit.
The Commissioner (Appeals) relied on Circular No. 76/76/94 and emphasized the need for proper registration and compliance with Circular provisions for availing Modvat credit. The Tribunal supported this stance, highlighting that invoices must adhere to Circular specifications to be considered valid for Modvat credit.

Issue 4: Applicability of Board Circulars and Notifications for availing Modvat credit.
The appellant referenced Board Circulars and Notifications to support their claim for Modvat credit based on the invoices issued. However, the Tribunal emphasized the importance of genuine compliance with Circular requirements and rejected the appellant's arguments based on Circular interpretations.

Issue 5: Verification of documents and procedural compliance for Modvat credit eligibility.
The Tribunal scrutinized the documents, noting discrepancies in the invoices issued by M/s. Bela Instruments. Despite the appellant's arguments regarding procedural deviations, the Tribunal upheld the disallowance of Modvat credit, emphasizing the necessity of proper documentation and compliance for availing Modvat credit benefits.