2000 (12) TMI 397 - AT - Central Excise

Summary

Issues:
Challenge to Order-in-Appeal confirming Order-in-Original disallowing Modvat credit due to irregularities in invoices.

Analysis:
The appeal challenged the Order-in-Appeal confirming the Order-in-Original that disallowed Modvat credit based on irregularities in invoices. The show cause notice highlighted three specific irregularities: lack of authentication on invoices, absence of RG 23D serial numbers, and failure to mention the value and duty amount in words.

The appellant argued that the invoices were duly authenticated by Excise department officers, RG 23D serial numbers were provided to the authority, and the absence of value in words was a minor technical flaw with no material impact.

Upon review, it was found that the original invoices were indeed authenticated by departmental officers, and RG 23D details were communicated to the authority. The absence of these details in the show cause notice was deemed incorrect. The authorities erred in denying Modvat credit based on the assumption that the invoices were endorsed, as this was not alleged in the notice.

Regarding the absence of value and duty amount in words, it was noted that the numerical figures were accurate, with no evidence of tampering. The lack of entry in words was considered a technical flaw that should not deprive the appellant of their substantive right to claim Modvat credit.

Consequently, the impugned orders were set aside, and the appellant was granted consequential relief without delay. The appeal was allowed in favor of the appellant based on the aforementioned findings and analysis.