1999 (8) TMI 205 - AT - Central Excise

Summary

Issues:
1. Denial of credit on conveyer belt due to non-pre-printing of invoice details.
2. Denial of credit on M.S tubes for specific usage.

Analysis:
1. The first issue revolves around the denial of credit on a conveyer belt due to the non-pre-printing of essential invoice details. The appellant argued that the absence of pre-printed information should not affect credit eligibility, citing a precedent. The Tribunal examined the invoice and noted that while details were handwritten, the manufacturer and consignee information was present. The Tribunal ruled that procedural lapses should not impede the substantive right to credit, ultimately allowing the credit on the conveyer belt.

2. The second issue concerns the denial of credit on M.S tubes used for specific purposes. The appellant justified the necessity of these tubes in their manufacturing process, emphasizing their integral role in maintaining temperature and facilitating crucial operations. Citing previous Tribunal decisions, the appellant contended that these tubes should be considered part of the plant, thus qualifying for capital goods credit. The Tribunal agreed with this argument, acknowledging the essential function of the M.S tubes and granting credit on this item.

Conclusion:
After thorough consideration of both issues, the Tribunal set aside the impugned order and allowed the appeal, ruling in favor of the appellant on both counts. The denial of credit on the conveyer belt was overturned due to the presence of essential details on the invoice, despite being handwritten. Similarly, credit was granted on the M.S tubes based on their critical role in the manufacturing process and their classification as part of the plant, making them eligible for capital goods credit. Consequently, no penalty retention was warranted, and the appeal was successful in its entirety.