2002 (6) TMI 126 - AT - Central Excise

Summary

Issues:
1. Alleged wrongful availing of Modvat credit by the appellants.
2. Disallowance of Modvat credit and imposition of penalty by the Deputy Commissioner.
3. Appeal allowed by the Commissioner (Appeals).
4. Revenue appeal against the order of the Commissioner (Appeals).

Analysis:
1. The appellants were accused of wrongly availing Modvat credit amounting to Rs. 2,19,029 based on a photocopy of the Bill of Entry. The Deputy Commissioner disallowed the credit and imposed a penalty under Rule 57-I of Central Excise Rules, 1944.

2. The party appealed, and the Commissioner (Appeals) in Ghaziabad allowed the appeal, leading to a Revenue appeal against this decision. The Revenue argued that the Modvat credit was not admissible under Rule 57G(6)(b) of the Central Excise Rules, 1944, as the certificate from the Customs officer was issued beyond six months from the date of the Bill of Entry.

3. The original authority observed that the certificate issued by the Customs officer is a valid document for availing Modvat credit when the triplicate copy of the Bill of Entry is lost in transit. The six-month period for availing the credit should be calculated from the date of the certificate, not the Bill of Entry. The purpose of requiring such a certificate would be defeated if the time limit is counted from the Bill of Entry date.

4. The Tribunal rejected the Revenue's appeal, stating that the certificate issued by the Customs officer after verifying the loss of the Bill of Entry is a valid document for claiming Modvat credit. Since the appellants did not exceed the six-month limit from the certificate's date, they did not violate Rule 57G(6)(b) of the Central Excise Rules, 1944. The Tribunal upheld the Commissioner (Appeals)'s decision, emphasizing the importance of the certificate in cases of lost Bill of Entry for availing Modvat credit.