1998 (5) TMI 98 - AT - Central Excise

Summary

Issues Involved:
The issues involved in the judgment are the time limitation for issuing a notice for demand of duty u/s Rule 57-I, disallowance of Modvat credit due to discrepancies in classification, and imposition of penalty.

Time Limitation for Notice u/s Rule 57-I:
The appellants argued that the demand of duty was time-barred u/s Rule 57-I as the notice was issued after 6 months from the date of taking credit. The Commissioner (Appeals) held that the period for limitation starts from the date of filing the RT 12 return, not from the date of taking credit. However, the Tribunal found that the notice issued on 29-12-1993, after 6 months from taking credit, was clearly barred by limitation.

Disallowance of Modvat Credit:
The appellants purchased HR coils/strips but faced disallowance of Modvat credit due to discrepancies in classification between gate passes and Modvat declaration. The Commissioner (Appeals) disallowed the credit based on the difference in classification, stating that the omission of the Tariff heading in the declaration cannot be ignored. However, the Tribunal emphasized that as long as the goods received match those declared as inputs, minor discrepancies in sub-item numbers should not disallow the Modvat credit.

Imposition of Penalty:
The appellants contended that no penalty should be imposed as they believed matching descriptions in declaration and gate pass were sufficient for Modvat credit. The Tribunal agreed, noting that the appellants had taken credit based on the gate passes and filed RT 12 returns, and the mere error in sub-item numbers should not warrant penalty imposition.

Separate Judgment by Judge:
The judgment was delivered by Shri S.K. Bhatnagar, J., who observed that minor procedural infractions should not lead to denial of claims if substantive compliance is evident. The Tribunal emphasized that as long as the goods received and utilized align with those declared, discrepancies in sub-item numbers should not be the basis for denying Modvat credit. The Tribunal set aside the impugned orders and allowed the appeal, emphasizing the importance of substantive compliance over minor procedural errors.