1999 (7) TMI 156 - AT - Central Excise

Summary

Issues:
1. Mention of mode of transport in invoice for Modvat credit.
2. Compliance with Trade Notice for Modvat credit on subsequent invoice.

Analysis:

Issue 1:
The first issue revolves around the denial of Modvat credit due to the absence of the mode of transport in the invoice issued by a registered dealer. The appellants presented new evidence in the form of Octroi receipt and Transport Company challan, correlating with the invoice details. The learned Advocate argued that these documents establish the movement of goods from the supplier to the appellants' premises via a specific truck. The Tribunal agreed that the evidence was crucial and not previously before the adjudicating authority. Consequently, the matter was deemed fit for remand for the adjudicating authority to reassess the admissibility of Modvat credit based on the newly presented evidence.

Issue 2:
The second issue pertains to the denial of Modvat credit due to non-compliance with the provisions of a Trade Notice regarding a subsequent invoice with less excise duty. The appellants contended that there was no evidence suggesting non-payment of duty by the suppliers or failure to recover it from the appellants. The learned Advocate proposed a verification process by the Assistant Collector to ascertain the relation between the invoices and the duty payments. The Tribunal concurred with the Advocate, emphasizing the need for a proper verification to determine the duty payment status and the applicability of Modvat credit. As a result, the issue was directed for readjudication by the Assistant Collector, with a request for the appellants to provide a certificate from the concerned Superintendent of Central Excise regarding the duty discrepancies.

In conclusion, the Tribunal set aside the impugned order and allowed the appeal, remanding both issues for further assessment in light of the presented arguments and evidence.