2005 (3) TMI 277 - AT - Central Excise

Summary

Issues involved: Interpretation of Cenvat credit rules and accounting treatment of credit amount.

Summary:
The appellants took Cenvat credit of Rs. 33,044 after a certain date but utilized it for duty payment before that date. The audit party identified this and the appellants corrected the error by debiting the amount from PLA and crediting it in their RG-23A Part II account. A show cause notice was issued demanding the credit back, citing lack of prescribed document. The Commissioner disallowed the credit based on a previous Tribunal judgment. The advocate argued that no fresh credit was taken, relying on precedents like CCE, Chandigarh v. Kumar Auto Cast Ltd. and Indo-American Electricals Ltd. The Tribunal found the correction to be an accounting act directed by the audit party, not involving excess credit. As the debit was accepted by the department, the credit in RG 23A Part-II account was allowed. The impugned order was set aside, and the appeal was allowed.

This judgment clarifies the distinction between correcting accounting entries and wrongfully availing excess credit, emphasizing the importance of following audit directives and prior legal precedents in matters of Cenvat credit utilization.