2007 (11) TMI 313 - HC - Central Excise

Summary

Issues:
Claim of Modvat credit disallowed due to delay in entry in RG 23A Part II.

Analysis:
The appellant, a company engaged in manufacturing tungsten wire, imported tungsten ore under two invoices and brought it into the factory premises on specific dates. Although the receipt entry was promptly made in RG.23A Part I, the entry in RG.23A Part II was delayed. The claim for Modvat credit concerning the ore imported on a particular date was disallowed due to the delay in entering the particulars in RG.23A Part II. The Adjudicating Authority's decision was upheld by the Commissioner of Appeals and the Tribunal.

The appellant argued that the delay in entering the particulars in RG.23A Part II was due to the unit being new and work commencing later. The appellant contended that the entry in RG.23A Part I should be considered substantial compliance, as held by the Tribunal in similar cases. The appellant requested the court to set aside the order and remand the matter to the Adjudicating Authority for a proper review based on the entry in RG.23A Part I.

After hearing both parties, the Court found that the authorities below did not adequately consider the facts presented by the appellant. The Court opined that if the appellant was entitled to the benefit based on the entry in RG.23A Part I, the matter should be reconsidered by the Adjudicating Officer by examining the records maintained by the assessee. Therefore, without addressing the question of law, the Court remanded the matter to the Adjudicating Authority for a fresh review in accordance with the law.

Consequently, the appeal was allowed, and the orders of the Tribunal and the Adjudicating Authority were set aside. The matter was remanded to the Adjudicating Authority for a fresh consideration in compliance with the law.