1997 (6) TMI 224 - AT - Central Excise

Summary

Issues involved:
- Denial of Modvat credit on the grounds of address discrepancy, rubber-stamped invoices, and defective dealer's invoices.

Address Discrepancy Issue:
The Tribunal considered the denial of Modvat credit due to the address on duty paying documents differing from the actual location where goods were received and utilized. It was noted that previous cases established that such discrepancies should not be a basis for disallowing Modvat credit. The Tribunal emphasized that minor technical lapses should not negate the benefits of the law. The Tribunal ruled in favor of the appellant, setting aside the denial of credit based on this ground.

Rubber-Stamped Invoices Issue:
Regarding the denial of Modvat credit due to invoices being rubber-stamped instead of pre-printed, the Tribunal analyzed the relevant rules and precedents. It was clarified that the rules only require specific markings on invoices, not necessarily pre-printed copies. Citing previous cases, the Tribunal highlighted that technical issues like rubber stamping should not hinder the legitimate benefit of Modvat credit. The Tribunal overturned the denial of credit based on this reason.

Defective Dealer's Invoices Issue:
The Tribunal addressed the rejection of Modvat credit based on alleged defects in dealer's invoices despite manufacturer's invoices being deemed sufficient. It was noted that the Assistant Collector erred in not considering the manufacturer's invoices adequately before disallowing the credit based on dealer's invoices. The Tribunal directed a reevaluation of the manufacturer's invoices to determine the eligibility for Modvat credit. Consequently, the Tribunal set aside the penalty imposed.

Separate Judgement:
The Tribunal concluded by setting aside the penalty imposed and disposing of the appeal in favor of the appellant, allowing the Modvat credit on all disputed grounds and remanding the case for further verification based on manufacturer's invoices.