2003 (11) TMI 255 - AT - Central Excise

Summary

Issues:
1. Validity of Cenvat credit availed by tea estates based on photocopy of Bill of Entry and certificate issued by the importer.
2. Interpretation of Rule 7(b) of the Cenvat Credit Rules regarding eligible documents for Cenvat credit.

Analysis:
1. The case involved the validity of Cenvat credit availed by tea estates using a photocopy of the Bill of Entry and a certificate issued by the importer. The Department contended that this documentation did not comply with Rule 7 of the Cenvat Credit Rules. The original adjudicating authority upheld the denial of credit, but the Commissioner (Appeals) reversed this decision, leading to the appeal. The Commissioner justified the credit by stating that it was not feasible to cover the consignment with the original Bill of Entry due to distribution among various estates of the same importer. The certificate from the Head Office confirming distribution was deemed sufficient for Cenvat credit, considering the duty paid nature of the goods and their utilization in manufacturing dutiable products.

2. The Tribunal analyzed Rule 7(b) of the Cenvat Credit Rules, which specifies that a supplementary invoice from the importer is an eligible document for claiming Cenvat credit. The rule's explanation includes challans or similar documents as part of a supplementary invoice. In this case, the certificate issued by the importer served as a document evidencing payment of additional Customs duty. Consequently, the lower authority's decision to accept the certificate along with the photocopy of the Bill of Entry for Cenvat credit was deemed appropriate. The Tribunal found no merit in the Revenue's appeals and rejected them accordingly.