1996 (9) TMI 230 - AT - Central Excise

Summary

Issues: Time-bar issue regarding Modvat credit and imposition of penalty for taking credit based on invoices from an unregistered dealer.

Analysis:

Time-bar Issue Regarding Modvat Credit:
The appellants in this case were engaged in manufacturing parts and accessories of machines and appliances. They purchased C.R. strips and took credit of input duty under the modvat scheme based on invoices issued by an unregistered dealer. The department alleged that the invoices were not prescribed documents for taking Modvat credit. A show cause notice was issued beyond six months from the date of taking credit, leading to a demand of Rs. 13,182 and a penalty of Rs. 5,000. The appellant argued that the notice was time-barred as per Rule 57-I, which mandates issuance of such notices within six months from taking credit. The absence of allegations of fraud or intent to evade duty in the notice supported the appellant's contention. The judge found the demand to be time-barred due to lack of evidence supporting an extension of the limitation period, as well as the absence of specified allegations in the notice.

Imposition of Penalty for Taking Credit Based on Invoices from an Unregistered Dealer:
The respondent argued that the credit taken by the appellants was inadmissible as the invoices were issued by an unregistered dealer, contravening Notification No. 32/94. The respondent contended that Section 11A covered the situation, and the lower authorities' findings should be upheld. The judge held that there was a contravention as the credit was based on invoices from an unregistered dealer, which was not in line with the prescribed duty paying documents by the C.B.E.C. Consequently, the imposition of a penalty was deemed legally sustainable. The impugned order was modified, upholding the penalty imposition, while also ruling in favor of the appellant on the time-bar issue. Any consequential relief was to be granted to the appellants as per the law.

This judgment from the Appellate Tribunal CEGAT, New Delhi, addressed the time-bar issue concerning Modvat credit and the imposition of a penalty for taking credit based on invoices from an unregistered dealer. The decision highlighted the importance of adherence to prescribed documents for claiming credit and the necessity of timely issuance of show cause notices within the stipulated limitation period.