2006 (3) TMI 46 - AT - Central Excise

Central Excise - Cenvat/Modvat - No ground for denial of credit and imposition of penalty for credit availed in RG 23A Part II and failed to fill particulars in RG 23A Part I

Summary

Issues:
1. Denial of Modvat credit and imposition of penalty due to procedural lapse in filling RG-23A Part-I register.
2. Appeal challenging the denial of Modvat credit and imposition of penalty by the Commissioner (Appeals).

Analysis:
Issue 1: The appellant, a manufacturer of iron and steel products, faced proceedings for denying Modvat credit and imposing a penalty due to a procedural lapse in filling RG-23A Part-I register. The adjudicating authority initially ruled in favor of the appellant, stating that the procedural violation did not warrant credit denial. However, the Commissioner (Appeals) reversed this decision, emphasizing the mandatory nature of filling Part-I of the register for proper documentation. The appellant challenged this decision, arguing that previous Tribunal rulings, such as C.C.E., Meerut v. Subros Ltd. and others, established that clerical failures in Part-I did not affect credit eligibility. The Tribunal concurred, noting a consistent stance since 1998 that clerical errors in Part-I did not justify credit denial or penalties.

Issue 2: The Tribunal, based on its consistent precedent, found the Commissioner (Appeals)'s decision erroneous and set it aside. The appeal was allowed, providing consequential relief to the appellant. The Tribunal's decision highlighted the importance of prior rulings establishing that clerical failures in Part-I of the register should not lead to the denial of Modvat credit or the imposition of penalties. This judgment serves as a reaffirmation of the Tribunal's position on the matter, ensuring consistency and fairness in similar cases moving forward.