2002 (4) TMI 133 - AT - Central Excise

Summary

Issues involved: Admissibility of Modvat credit on Photostat copy of authenticated invoice.

Summary:
The appeal was filed by the party challenging the Department's contention that Modvat credit was not admissible for taking credit on a Photostat copy of the authenticated invoice. The Assistant Commissioner had initially allowed the Modvat credit based on the party's entitlement during the relevant period when the original copy was lost. However, the Department appealed against this decision before the Collector (Appeals), who ruled in favor of the Department. Subsequently, the party appealed to the Tribunal, which remanded the matter back to the Collector (Appeals) for reconsideration. Despite the Collector (Appeals) reaffirming that Modvat credit was not admissible, the Tribunal, upon reviewing the entire record and relevant Trade Notice, found no valid reason to deny the Modvat credit on the Photostat copy of the authenticated invoices. Therefore, the Tribunal allowed the party's appeal, granting them the entitlement to take credit and providing consequential relief if any.

In conclusion, the Tribunal's decision favored the party's claim for Modvat credit on the Photostat copy of authenticated invoices, overturning the previous rulings by the Department and the Collector (Appeals).