2008 (2) TMI 51 - AT - Central Excise

Credit can be availed in respect of the capital goods received in factory on the strength of invoice or B/E - denial of credit on the ground that the same was availed on the strength of original/extra copy of invoice or quadruplicate copy of Bill of Entry is not sustainable - In respect of denial of credit regarding which appellant had not produced any duty paying documents or the documents produced by the appellant are not in their name, denial is justified penalty set aside

Summary

Issues:
1. Denial of credit in respect of capital goods based on specific grounds.
2. Interpretation of Rule 57T (3) of Central Excise Rules regarding availing credit for capital goods.
3. Validity of duty paying documents for availing credit.
4. Denial of credit based on lack of duty paying documents or documents not in the appellant's name.
5. Imposition of penalty in case of demand denial.

Analysis:

1. The appellant challenged the denial of credit for capital goods based on specific grounds, including the absence of duty paying documents, documents not in their favor, and availing credit on original or extra copies of invoices and quadruplicate copies of Bill of Entry. The appellant argued that Rule 57T (3) of Central Excise Rules allows credit for capital goods received in the factory based on the invoice or Bill of Entry, without specifying the necessity of duplicate or triplicate copies. Reference to a previous Tribunal decision was made to support this argument.

2. The Tribunal examined Rule 57T (3) of Central Excise Rules, which mandates that credit for specified duty on capital goods can only be taken when such goods are received in the factory premises under the cover of an invoice or a Bill of Entry. The Tribunal noted that the rule does not explicitly require duplicate or triplicate copies for availing credit on capital goods. Therefore, the denial of credit based on using original or extra copies of invoices and quadruplicate copies of Bill of Entry was deemed unsustainable, and the demands were set aside.

3. Regarding the denial of credit due to the absence of duty paying documents or documents not in the appellant's name, the Tribunal found no merit in the appellant's contention. Consequently, the demands confirmed on these grounds were upheld.

4. Since a significant portion of the demand was set aside, the Tribunal concluded that the case did not warrant a penalty. As a result, the penalty imposed on the appellant was set aside, and the appeal was disposed of accordingly.

In conclusion, the Tribunal ruled in favor of the appellant regarding the denial of credit for capital goods based on specific grounds, highlighting the interpretation of Rule 57T (3) of Central Excise Rules. The judgment clarified the requirements for availing credit on capital goods and addressed the validity of duty paying documents, ultimately leading to the setting aside of demands and the removal of the penalty imposed on the appellant.