1995 (6) TMI 201 - AT - Central Excise

Summary

Issues:
1. Eligibility of appellants to take MODVAT Credit based on lost Bill of Entry copy.
2. Interpretation of Rule 57G of Central Excise Rules regarding MODVAT Credit.
3. Impact of recent judgment by the Bombay High Court on MODVAT Credit.

Issue 1: Eligibility of appellants to take MODVAT Credit based on lost Bill of Entry copy:
The appellants sought waiver of pre-deposit of duty in Excise Stay applications due to the loss of the third copy of the original Bill of Entry. The central issue was whether the appellants could claim MODVAT Credit under Rule 57A of the Central Excise Rules based on a certified Xeroxed copy of the Bill of Entry. The Department did not dispute that the inputs had suffered duty, and the appellants were entitled to MODVAT Credit. The Tribunal held that the loss of the third copy should not deny the appellants the benefit of MODVAT Credit. The matter was remanded to the original authority for re-consideration.

Issue 2: Interpretation of Rule 57G of Central Excise Rules regarding MODVAT Credit:
Rule 57G mandates that no credit shall be taken unless the inputs are received under specified documents evidencing duty payment. The Tribunal noted that the attested copy of the lost Bill of Entry was produced, and the Department had the first and second original copies. The Tribunal emphasized the need for verification of the goods' identity with available documents. The Tribunal set aside the impugned order and remanded the appeals for fresh consideration in line with Rule 57G.

Issue 3: Impact of recent judgment by the Bombay High Court on MODVAT Credit:
The Member (T) observed a recent judgment by the Bombay High Court regarding MODVAT Credit based on certified copies of documents. The High Court upheld a circular discontinuing credit based on certified copies of the Gate Pass. The circular required proof of duty payment through genuine documents. The Member highlighted the need for the lower authority to consider relevant instructions under Rule 57G and the impact of the Bombay High Court judgment while deciding the issue afresh on remand.

In conclusion, the Tribunal focused on the eligibility of the appellants for MODVAT Credit despite the loss of the original Bill of Entry copy. The interpretation of Rule 57G was crucial in determining the appellants' entitlement to credit. The impact of the Bombay High Court judgment underscored the importance of genuine documents for claiming MODVAT Credit. The matter was remanded for reconsideration, taking into account the legal provisions and recent judicial decisions.