2001 (5) TMI 476 - AT - Central Excise

Summary

Issues:
Admissibility of Modvat credit on invoices without printed serial numbers under Rule 52A(6) and Rule 57G.

Analysis:
The appellants manufactured various products and availed Modvat credit based on an invoice without a printed serial number, leading to a show cause notice for violating Rule 57G read with Rule 52A(6). The Asst. Commissioner disallowed the credit and imposed a penalty, emphasizing the necessity of printed serial numbers on invoices for credit eligibility.

Upon appeal, the Commissioner (Appeals) upheld the decision citing a precedent where the denial of Modvat credit due to the absence of pre-printed serial numbers on invoices was justified. The Commissioner emphasized the statutory requirement of pre-printed serial numbers and rejected speculation on the duty payment status or usage of goods in production.

In the subsequent appeal against the Commissioner (Appeals) order, the appellant's advocate argued that minor lapses like non-conformance with color schemes or lack of pre-printed serial numbers should not deny substantive Modvat credit benefits. The advocate referred to cases supporting this view.

However, the respondent relied on a Larger Bench decision stating that adherence to prescribed rules for duty payment evidence is not a mere technicality but a mandatory requirement. The respondent emphasized that invoices lacking printed serial numbers should not be accepted for Modvat credit, aligning with the Larger Bench's directive.

In light of conflicting views on the issue, the matter was referred to the Hon'ble President for consideration by a Larger Bench to resolve the difference in opinion regarding the admissibility of Modvat credit based on invoices without printed serial numbers as mandated by Rule 52A(6) and Rule 57G.