1997 (4) TMI 221 - AT - Central Excise

Summary

Issues:
Interpretation of Rule 57-I for counting the period of six months for issuing show cause notice. Admissibility of Modvat credit on the strength of an endorsed bill of entry.

Analysis:
The Collector filed two appeals challenging the interpretation of Rule 57-I by the Collector (Appeals) regarding the period for issuing a show cause notice based on the date of taking Modvat credit. The respondents, engaged in manufacturing copper and aluminum wire, were accused of incorrectly availing Modvat credit on an endorsed bill of entry. The department raised concerns about the admissibility of Modvat credit based on the endorsed bill and the limitation period for issuing show cause notices after Modvat credit was taken on 25-1-1992, with notices issued on 28-7-1992 and 31-7-1992. The department contested only the limitation issue, not the admissibility of Modvat credit on the endorsed bill. The appellant argued that the notice should be issued within six months from the date of taking credit, not utilization, and suggested counting the period from the date of filing RT 12 returns.

The respondents argued that the date of taking Modvat credit is crucial for the limitation period under Rule 57-I, emphasizing that the rule specifies the date of taking credit, not utilization, for counting the six-month period. They claimed no misstatement or suppression, asserting that the demands should be within six months of taking credit. Regarding the acceptance of endorsed bills for Modvat credit, the respondents cited previous Tribunal judgments supporting their position, including cases like Sardar Aluminium Factory and Filament India Limited, arguing that Modvat credit can be claimed based on endorsed bills.

The Tribunal analyzed Rule 57-I, emphasizing that the date of taking credit is significant for the limitation period, not the utilization date or filing of RT 12 returns. The rule clearly refers to the credit of duty taken, distinct from its utilization. Therefore, the Tribunal rejected the appeals based on this interpretation. On the Cross Objections filed by the respondents, the Tribunal acknowledged the consistent Tribunal rulings allowing Modvat credit on endorsed bills. Citing the case law provided by the respondents, the Tribunal accepted the plea that Modvat credit can be taken on the strength of endorsed bill of entry, disposing of the Cross Objections accordingly.