2000 (9) TMI 384 - AT - Central Excise

Summary

Issues:
1. Recall of order dismissing stay application.
2. Allowance of Modvat credit under Rule 57H.
3. Disallowance of Modvat credit by Commissioner (Appeals).
4. Registration change from dealer to manufacturer.

Issue 1: Recall of order dismissing stay application
The Tribunal dismissed the stay application of the applicants as no one appeared on their behalf. A miscellaneous application was filed seeking recall of the order, stating the Counsel was ill. The Tribunal allowed the recall as the JDR did not oppose it, finding the reason valid.

Issue 2: Allowance of Modvat credit under Rule 57H
The applicants claimed Modvat credit on inputs in stock after due intimation to the Central Excise Department. The Assistant Commissioner allowed it, but the Commissioner (Appeals) reversed it citing lack of proof of duty payment. The Tribunal found a strong prima facie case as the relevant clause was not in force when the credit was claimed, thus allowing the stay application and waiving the pre-deposit.

Issue 3: Disallowance of Modvat credit by Commissioner (Appeals)
The Commissioner (Appeals) disallowed the Modvat credit for failure to produce proof of duty payment, invoking a clause not in effect when the credit was claimed. The Tribunal held the appellants were entitled to the credit as they were registered as traders when the goods were received, and the change to manufacturers did not require new documents.

Issue 4: Registration change from dealer to manufacturer
The appellants changed their registration from dealer to manufacturer and claimed Modvat credit on goods in stock. The Commissioner (Appeals) disallowed it based on a clause not applicable at the time of credit claim. The Tribunal found the order erroneous in law, setting it aside and restoring the Assistant Commissioner's decision.

In conclusion, the Tribunal allowed the appeal, setting aside the Commissioner's order and restoring the Assistant Commissioner's decision regarding the Modvat credit, emphasizing the validity of the claim based on the registration status at the time of credit availing.