2009 (7) TMI 740 - HC - Central Excise

Cenvat - Documents for availing credits - Whether Gate Passes issued prior to 1-4-1994 but endorsed after that date would fall under the coverage of entry No. 10 in the Table to the Notification No. 16/94-C.E. (N.T.A.), dated 30-3-1994 and would consequently become eligible for taking credit under the Modvat Scheme? Held that -Notification provides that credit eligible on documents issued before 01.04.1994 where credit taken on or before 30.6.1994. presently endorsed gate pass issued prior to 1.4.1994 and credit availed before 30.6.1994. Tribunal rightly allowed Modvat credit. Reference answered in favour of assessee.

Summary

Issues: Interpretation of Notification No. 16/94-C.E. regarding validity of gate passes for Modvat credit.

Analysis:
1. The Customs, Excise & Gold (Control) Appellate Tribunal referred a question of law to the High Court regarding the eligibility of gate passes endorsed after 1-4-1994 for Modvat credit under entry No. 10 of Notification No. 16/94-C.E. The dispute arose from gate passes issued before 1-4-1994 but endorsed after that date.

2. The High Court analyzed the facts and previous decisions to determine the validity of gate passes under Notification No. 16/94-C.E. The Department contended that such gate passes were not prescribed under the notification. However, the Commissioner (Appeals) and the Tribunal allowed the Modvat credit based on endorsed gate passes issued before 1-4-1994 and availed before 30-6-1994.

3. The High Court examined Notification No. 16/94-C.E., which prescribed documents for Modvat credit issuance. The notification specified that Modvat credit could be availed if the documents were issued before 1-4-1994 and the credit was taken before 30-6-1994. The document listed at Sl. No. 10 of column (3) was endorsed gate passes/subsidiary gate passes/certificates. In this case, the respondent had taken Modvat credit based on endorsed gate passes issued before 1-4-1994 and availed before 30-6-1994, leading the Tribunal to rightly allow the credit.

4. Citing previous judgments, the High Court mentioned decisions like Central Excise Reference No. 33 of 2000 and Central Excise Reference No. 5/99, which supported the view that endorsed gate passes issued before 1-4-1994 were valid for Modvat credit. Based on these precedents, the High Court answered the referred question in favor of the assessee and against the Revenue, without any order as to costs.