2010 (1) TMI 595 - HC - Central Excise

Cenvat/Modvat credit - credit on the basis of the goods, which were lying in the factory premises at the time of filing of the declaration regarding Modvat credit - adjudicating authority, on the basis of audit report, disallowed the Modvat credit and imposed the penalty - Held that - once the declaration filed by the respondent was found correct and the Modvat credit was granted to the respondent, then the same could not be revoked on the basis of the audit report - there was no suppression of facts - Appeal is dismissed

Issues:
1. Modvat credit claim based on goods in factory premises at the time of filing declaration.
2. Disallowance of Modvat credit and penalty imposition based on audit report.
3. Revocation of Modvat credit based on audit report findings.
4. Allegation of fraud in claiming inadmissible Modvat credit.
5. Suppression of facts regarding goods receipt and Modvat credit denial.

Issue 1: Modvat credit claim based on goods in factory premises at the time of filing declaration
The respondent sought Modvat credit based on goods present in the factory premises at the time of filing the declaration. The department cleared the claim, but the adjudicating authority later disallowed it and imposed a penalty based on an audit report. The Tribunal found that the respondent's declaration was correct and upheld the Modvat credit, stating that it could not be revoked solely on the basis of the audit report.

Issue 2: Disallowance of Modvat credit and penalty imposition based on audit report
Despite the department initially clearing the respondent's Modvat credit claim, the adjudicating authority disallowed it and imposed a penalty following an audit report. The respondent's appeal against this decision was dismissed. However, the Tribunal concluded that once the Modvat credit was granted based on the respondent's correct declaration, it could not be revoked solely due to the audit report findings.

Issue 3: Revocation of Modvat credit based on audit report findings
The Tribunal determined that the Modvat credit granted to the respondent could not be revoked solely based on the audit report findings. It emphasized that the respondent had provided all necessary details in the declaration, and there was no suppression of facts regarding the receipt of goods, leading to the conclusion that the Modvat credit could not be denied.

Issue 4: Allegation of fraud in claiming inadmissible Modvat credit
The appellant alleged that the respondent had committed fraud by claiming inadmissible Modvat credit. However, the Tribunal's review of the impugned order revealed that there was no suppression of facts regarding goods receipt by the respondent. As all essential details were duly declared, the Modvat credit could not be denied based on the allegations of fraud.

Issue 5: Suppression of facts regarding goods receipt and Modvat credit denial
The appellant contended that the respondent had suppressed facts regarding the receipt of goods, leading to the inadmissible claim of Modvat credit. However, the Tribunal found no infirmity in the impugned order and upheld the findings recorded by the Appellate Tribunal. Consequently, the appeal was dismissed as lacking merit.

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