2010 (3) TMI 63 - HC - Central Excise

Cenvat / Modvat credit - Disallowance of modvat credit duty payment document credit availed on original invoice in the absence of duplicate invoice - held that - It is not the case of the Department that Modvat credit was claimed on the basis of any forged or fraudulent modvatable invoice. Moreover, there is no dispute with regard to the duty paid and the nature of inputs received by the respondent and the utilization of the same by them in the manufacture of their final product. Thus, as there was no loss of Revenue and the Modvat credit was claimed on the basis of original invoice credit allowed

Summary

The Punjab & Haryana High Court upheld the Customs Tribunal's decision allowing Modvat credit claimed on original invoice when duplicate was lost in transit. The Tribunal found no infirmity in the claim as there was no loss of revenue and no fraudulent activity. The appeal was dismissed on March 5, 2010.