2004 (1) TMI 256 - AT - Central Excise

Summary

Issues: Modvat credit disallowed for availing after six months from bill of entry date.

In this judgment by the Appellate Tribunal CESTAT, Kolkata, the issue revolved around the disallowance of Modvat credit due to availing it after six months from the date of the bill of entry. The appellant, a manufacturer of Railway Wagons, imported "Wheel Sets" from Eastern Railways, with the bill of entry filed on 5-8-97. The entire quantity of Wheel Sets was sold to the appellants, and the bill of entry was endorsed in their name. The first consignment was received in August 1997, with entries made in the RG-23A records within six months. However, subsequent consignments were received on different dates, leading to delayed credit entries. The Revenue objected, citing Rule 57G(5) of the Central Excise Rules, 1944, which prohibits Modvat credit if goods are received after six months from the bill of entry date. The impugned order confirmed the disallowance.

The appellant argued that since the entire goods were sold to them and the bill of entry was endorsed within six months, the provisions of Rule 57G(5) should not apply. They highlighted the practical difficulty in transporting bulky goods in one go, necessitating multiple consignments and delayed credit entries. The appellant relied on previous Tribunal decisions allowing credit within six months from the date of re-constructed bill of entry or invoice issuance. The Tribunal, while considering the submissions, referred to the case of Bullows Paint Equipment Private Limited v. C.C.E., where it was held that Rule 57G(5) does not apply to goods received under the cover of a bill of entry, as bills of entry are not 'issued'. Therefore, the Tribunal concluded that there was no justification for denying credit to the appellants.

The Tribunal further supported the appellant's argument that Rule 57G(5) was not applicable in the present circumstances, where the entire goods covered by the bill of entry were sold to the appellants, and the first lot was received within six months. The delayed credit entries were necessitated by the practical constraints of transporting bulky goods in multiple consignments. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief to the appellants.