1997 (3) TMI 222 - AT - Central Excise

Summary

Issues: Interpretation of Notification Nos. 15/94, 32/94, and 64/94 regarding acceptance of Modvat credit invoices and registration requirements.

The judgment involves a dispute arising from the Collector of Central Excise Appeals, Madras, allowing Modvat credit for goods received under specific invoices. The appellants claimed to have taken Modvat credit before the deadline of 31-12-1994, as per Notification No. 15/94, which recognized invoices from dealers as valid documents. The Board directed the acceptance of invoices issued from the Depot as valid documents for Modvat purposes, subject to registration under Rule 57GG. The department argued that only invoices from registered dealers were valid under Notification No. 32/94, while subsequent Notification No. 64/94 extended the acceptance deadline to 31-12-1994 for specified documents.

The judgment analyzed the provisions of Notification Nos. 15/94, 32/94, and 64/94, emphasizing the validity of invoices issued by factory Depot distributors and dealers in the prescribed format for Modvat purposes. It highlighted the registration requirements under Notification No. 32/94 and the relaxation provided until 31-12-1994 for accepting specified documents. The judgment referenced Trade Notice 6/95, addressing issues related to Modvat credit for invoices issued within a specific period and the acceptance deadline set by Assistant Collectors until 31-12-1994.

The judgment concluded that the lower authority's decision, allowing Modvat credit based on the interpretation of the notifications and circulars issued by the Board, was legally sound. It dismissed the revenue's appeal, affirming the validity of the Modvat credit claimed by the appellants based on the relevant notifications and clarifications provided by the Board.