2005 (1) TMI 137 - AT - Central Excise

Summary

Issues:
1. Denial of credit based on discrepancy in Bill of Entry date.
2. Requirement of COD clearance for continuation of old proceedings.

Analysis:

Issue 1: Denial of credit based on discrepancy in Bill of Entry date
The case involves the appellants receiving Methanol Synthesis Catalyst under Bill of Entry No. 12305 dated 3-1-92 and claiming credit of Rs. 4,66,174.52 based on a photocopy of the same Bill of Entry. A show cause notice was issued for recovery of this credit, which was confirmed by the Asstt. Collector and upheld by the Commissioner (Appeals). However, the Tribunal, in its Order No. A/825/02-NB (SM) dated 2-7-2002, noted that the appellants initially produced a photocopy of the Bill of Entry but later presented the triplicate copy before the Tribunal. The Tribunal remanded the matter back to the original authority for re-adjudication. The appellants argued that the re-adjudication and subsequent appeal should be considered a continuation of the old proceedings, thereby not requiring a fresh COD clearance. They contended that the denial of credit was based on a typographical error in the date of the Bill of Entry, as the number remained the same. The Tribunal granted a stay on the recovery of the disputed amount, considering the dispute to be solely related to the date discrepancy in the Bill of Entry.

Issue 2: Requirement of COD clearance for continuation of old proceedings
The Tribunal, after considering the facts and circumstances of the case, determined that since the proceedings were a continuation of the old case remanded by the Tribunal, there was no necessity for a fresh COD clearance. The Tribunal emphasized that the core dispute revolved around the date mentioned in the Bill of Entry, leading to the denial of credit. Consequently, a stay was granted on the recovery of the disputed amount, and the appeal was scheduled for further hearing on 6-5-2005. The Tribunal's decision to grant a stay and allow the appeal to proceed without requiring a fresh COD clearance highlighted the significance of the date discrepancy in the Bill of Entry as the central issue in the case.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT, New Delhi, underscores the legal intricacies surrounding the denial of credit due to a discrepancy in the Bill of Entry date and the Tribunal's ruling on the requirement of COD clearance for continuing old proceedings.