2003 (12) TMI 215 - AT - Central Excise

Summary

Issues: Revenue appeal against Modvat credit denial based on discrepancy in duty paying documents.

Analysis:
1. The appeal was against the denial of Modvat credit by the Commissioner of Central Excise (Appeals) due to a discrepancy in the duty paying documents. The respondents had taken credit for CVD paid against a Bill of Entry not in their name, but in favor of another factory belonging to the same manufacturer.

2. The Revenue contended that the credit was availed on invalid documents and argued that previous decisions and circulars cited by the Commissioner (Appeals) were not applicable in this case. They emphasized that the document was obtained in the name of a different factory than the one claiming credit.

3. The Tribunal found the revenue appeal to be without merit, noting that the Bill of Entry referred to import by one factory while the credit was taken by a different unit of the same manufacturer. However, the consignment was transferred to and received by the unit claiming credit.

4. It was established that the entire consignment was delivered to the unit seeking credit, confirming the material's receipt at that location. The issue was identified as a deficiency in the duty paying documents, despite both units belonging to the same manufacturer.

5. The Tribunal highlighted that the inputs were delivered to a different factory than the one named in the import document. Since the duty paying nature of the inputs and their utilization were not disputed, and the discrepancy was deemed curable, credit could not be denied based on this technicality.

6. Consequently, the Tribunal rejected the Revenue's appeal, concluding that the discrepancy in the duty paying documents did not warrant the denial of Modvat credit in this case.