2001 (1) TMI 144 - AT - Central Excise

Summary

Issues involved: Denial of Modvat credit beyond six months from the date of issue of documents.

Summary:
The case involved three appeals challenging the denial of Modvat credit taken beyond six months from the date of issue of documents. The appellants, engaged in manufacturing Iron & Steel products, were issued SCNs regarding Modvat credit on Aluminium ingots and credit taken beyond the prescribed time limit. The Commissioner allowed credit on aluminium ingots but disallowed credit taken beyond six months from the issue date of duty paying documents.

The appellants argued that during the period in question, there was no specific time limit for taking Modvat credit. They cited a Tribunal case and an Apex Court decision to support their stance that the time limit amendment was not retrospective. They contended that Section 11A of the Central Excise Act did not apply to their case and referred to relevant case laws to support their position.

The respondent Commissioner argued that there should be a reasonable period for taking Modvat credit and since the credit was taken after 3 to 4 years, it was rightly denied. The Commissioner relied on a Tribunal decision regarding the limitation for recovery of wrongly taken Modvat credit.

After considering the arguments, the Tribunal noted that the Modvat credit was taken after 3 to 4 years from the issue date of duty paying documents. Citing the Apex Court decision, the Tribunal held that the time limit restriction introduced in Rule 57G did not apply retroactively. Therefore, credit taken before the amendment date was valid. Referring to previous Tribunal decisions and the Apex Court ruling, the Tribunal concluded that the Modvat credit taken by the appellants was lawful. The appeals were allowed, and any consequential relief was to be granted to the appellants as per the law.