1999 (5) TMI 138 - AT - Central Excise

Summary

Issues:
1. Modvat credit misuse through tampered invoices.
2. Utilization of lubricating oil for power generation.
3. Verification of validity of invoices for Modvat credit.

Analysis:
1. The appeal (E/2388/97) concerns the misuse of Modvat credit due to tampered invoices where the appellants allegedly inserted 'duplicate for transporter' through rubber stamps. The learned Advocate argued that the Deputy Commissioner did not address this issue properly despite the appellants providing a letter from I.O.C. Ltd. confirming the embossment. The Tribunal had previously referred the case back for verification of other details. Additionally, the issue of utilizing lubricating oil for power generation, covered in favor of the appellants by previous Tribunal judgments, was raised.

2. The Tribunal noted that the utilization of Modvat credit on furnace oil for electricity generation, subsequently used in manufacturing final products like cement, was permissible based on previous judgments favoring such practices. The Tribunal cited cases like Rathi Alloys & Steel Ltd. and Oriental Carbon & Chemicals Ltd. to support this decision.

3. Regarding the validity of invoices, the Tribunal decided to refer back the issue to the original authority for verification. The focus of the verification was to ensure that the invoices contained indications showing they were issued to or intended for the transporter or carrier. The Tribunal emphasized that this verification was necessary for procedural compliance rather than substantive violation, restricting the verification to specific points indicated in previous orders.

In conclusion, the Tribunal upheld the appellants' right to utilize Modvat credit for furnace oil used in electricity generation for manufacturing final products. The issue of invoice validity was referred back for verification to ensure compliance with procedural requirements, with the directive to grant Modvat credit based on the verification results.