1996 (8) TMI 271 - AT - Central Excise

Summary

Issues:
Whether the invoices/challans issued by the Depots of M/s IOC Ltd. are duty-paying documents for the purpose of Rule 57G of the Central Excise Rules, 1944.

Analysis:
In the present case, the main issue for determination in the six appeals before the Appellate Tribunal CEGAT, New Delhi was whether the invoices/challans issued by the Depots of M/s IOC Ltd. were considered duty-paying documents under Rule 57G of the Central Excise Rules, 1944. The respondents were issued a demand show-cause notice by the department for taking Modvat credit based on duty paid certificates from Indian Oil Corp. on their invoice-cum-challan from depots at Mathura, Ambala, and Shakurbasti. The department contended that M/s Indian Oil Corp. was not authorized to certify duty paid character on these challans. The Asstt. Collector disallowed Modvat credit based on these challans, but the Commissioner (Appeals) overturned this decision. The department then filed appeals against the Commissioner's decision.

The ld. SDR for the department argued that the certificates issued by Indian Oil Corp. were not recognized as duty-paying documents under Rule 57G and prayed for the appeals to be allowed. On the other hand, the ld. Advocate for the respondents referred to Notification No. 32/94-C.E. (NT), which prescribed that invoices issued by a manufacturer from the factory or depot shall be considered duty-paying documents. Since M/s IOC Ltd. was the manufacturer and the notification specifically mentioned invoices from the manufacturer's depot, the respondents argued that their cases were covered under this notification and prayed for upholding the Commissioner's orders.

After hearing both sides, the Tribunal found that the challans issued by the depots of M/s IOC Ltd. at Mathura, Ambala, and Shakurbasti were indeed duty-paying documents. The Tribunal noted that M/s IOC Ltd. was the manufacturer of the furnace oil and that Notification No. 32/94-C.E. (NT) recognized invoices/challans issued by depots as duty-paying documents under Rule 57G. The Tribunal held that the Commissioner (Appeals) had considered the relevant issues and found no legal infirmity in their decision to allow Modvat credit based on documents issued by M/s. IOC Ltd. Therefore, the Tribunal upheld the Commissioner's orders and rejected the department's appeals.