2000 (5) TMI 900 - AT - Central Excise

Summary

Issues:
Whether the credit taken under the Modvat Scheme six months after receipt of inputs on a certified copy of the gate pass due to the original copy being lost in transit is hit by limitation.

Analysis:
The Revenue appealed against an order-in-appeal to determine if the credit taken by the respondents under the Modvat Scheme after six months of receiving the inputs on a certified copy of the gate pass, due to the loss of the original copy in transit, is time-barred. The Revenue argued that since the certified copy of the gate pass was produced after six months, the Modvat credit should be rejected based on the limitation period. They cited a case where a period of six months was considered a reasonable limitation period.

During the hearing, the Counsel for the respondents contended that the case law cited by the Revenue was not applicable as there was no duty demand involved, and credit was denied. They referenced a case where it was held that the six-month restriction for taking Modvat credit introduced by a notification would not have a retrospective effect. The Counsel further cited a decision where it was established that the amendment to the Rule could not be applied retrospectively, and the credit was rightfully taken before the amendment. They also mentioned a Circular by the Board stating that the time limit would not be applicable if the original invoice was lost.

The Tribunal analyzed the submissions and concluded that the six-month limit for taking credit under Rule 57G(2) should be computed from the date of the amendment and not applied retrospectively. Since the credit was taken before the amendment, the limit could not be enforced in this case. The Tribunal rejected the Revenue's argument that another rule's limitation period should apply, emphasizing that the issue involved a different set of circumstances. The Tribunal clarified that the case law cited by the Revenue regarding limitation under a different rule was not applicable to the present case.

In light of the findings, the Tribunal found no merit in the Revenue's appeals and refused to interfere with the impugned order, ultimately rejecting the appeals.