2007 (1) TMI 93 - AT - Central Excise

Endorsed B/E Revenue not challenged duty paid character denial of credit on technical ground, i.e. only pa part of good is covered by B/E, which were sold to assessee held that credit is allowed as duty has been paid on goods which are part of imported consignment

Summary

Issues:
Whether the respondents are entitled to avail the benefit of Modvat credit on the basis of an endorsed Bill of Entry.

Analysis:
The case involves a dispute regarding the entitlement of Modvat credit based on an endorsed Bill of Entry. The Commissioner (Appeals) allowed the appeal, stating that the endorsed Bill of Entry does not cease to be a Bill of Entry, and therefore, Modvat credit is admissible. The Commissioner relied on previous Tribunal decisions to support this conclusion. The Tribunal found that the duty paid character of the goods and their utilization were not in dispute. The revenue challenged the decision on the grounds that only a part of the goods covered by the Bill of Entry were sold to the assessee, and therefore, the decision should not apply. However, the Tribunal dismissed this technical objection, emphasizing that the goods were part of the imported consignments on which duty was paid and were received by the respondents. Denying the benefit on procedural grounds would not serve the interests of justice. Consequently, the Tribunal upheld the decision of the Commissioner (Appeals) and rejected the appeal filed by the revenue.

This judgment clarifies that the endorsement of a Bill of Entry does not affect its status as a valid Bill of Entry for the purpose of claiming Modvat credit. The duty paid character of the goods and their utilization in manufacturing final products are crucial factors in determining the admissibility of Modvat credit. Technical objections regarding the partial sale of goods covered by the Bill of Entry do not invalidate the claim for Modvat credit if the imported goods were duly received and utilized. The decision underscores the importance of focusing on substantive compliance with duty payment and utilization requirements rather than procedural technicalities in assessing eligibility for Modvat credit.