1996 (5) TMI 235 - AT - Central Excise

Summary

Issues involved:
The appeal concerns the denial of Modvat credit by the Commissioner (Appeals) to the appellants, who are manufacturers of angles, shapes, and sections under Chapter 72 of the Central Excise Tariff Act, 1985, due to alleged contravention of Rule 57G of Central Excise Rules and the imposition of a penalty under Rule 173Q(1)(bb) of Central Excise Rules.

Details of the Judgment:

1. The Superintendent issued a show cause notice to the appellants regarding the utilization of Modvat credit based on endorsed invoices, calling for recovery of the amount and imposition of a penalty. The appellants argued that the endorsed invoices were in line with the procedure prevailing before 1-4-1994, supported by Notification No. 15/94 and Trade Notice No. 19/94, and submitted relevant documents for credit availed.

2. The Commissioner agreed with the Superintendent's findings, stating that the appellants had contravened Rule 57G by availing credit based on endorsed invoices. While confirming the duty demand, the Commissioner set aside the penalty considering the circumstances.

3. During the hearing, the appellants' Consultant argued for substantial compliance with the Notification and Rules, emphasizing that Modvat credit should not be denied for procedural lapses. He referred to various judgments supporting the appellants' position.

4. The Consultant highlighted that the documents were duly verified and defaced, indicating proper compliance with the Notification and Trade Notice. He contended that the Modvat credit was rightfully availed, and there was no substantive non-compliance with the rules.

5. The Tribunal, after considering the submissions and evidence, found that there was no violation of rules or notifications by the appellants. It was established that the Modvat credit was correctly utilized, and the dispute was centered on technicalities rather than substantive non-compliance.

6. Consequently, the Tribunal set aside the impugned orders, allowing the appeal in favor of the appellants based on the substantial compliance with the Modvat Rules and relevant notifications, as supported by legal precedents cited during the proceedings.