2008 (9) TMI 579 - HC - Central Excise

Cenvat/ Modvat Credit - company took the benefit on the basis of gate passes issued - original consignors were non-existing and bogus companies Held that - credit can only be claimed in respect of the good for which excise duty has already been paid - companies were fictitious - Gate passes were therefore also fictitious - No benefit of MODVAT on the basis of such fictitious entries could have been claimed by the petitioner

Summary

Issues:
1. Entitlement to Modvat Credit for a bona fide purchaser based on gate passes and payment method validity.

Analysis:
The case involved the question of whether a petitioner, a manufacturing company of M.S. Ingots, was entitled to Modvat Credit for a sum of Rs. 44,665/- during June to August 1993, based on gate passes issued by allegedly non-existing manufacturers. The gate passes were endorsed through multiple entities before reaching the petitioner. A show cause notice was issued, denying the Modvat credit and imposing a penalty of Rs. 20,000 on the grounds of involvement with non-existing companies. The appellate authority upheld the denial of credit but set aside the penalty.

The Central Excise and Gold (Control) Appellate Tribunal (CEGAT) observed that the gate passes were duly endorsed, finding no evidence of connivance between the petitioner and the non-existing manufacturers. Consequently, the penalty was overturned. The petitioner argued that since they did not collude with the original consignors, they should not be denied the Modvat credit. However, the court rejected this argument, emphasizing that Modvat credit can only be claimed for goods on which excise duty has been paid. As the alleged manufacturers were fictitious and had not paid any excise duty, the petitioner could not claim credit under the MODVAT scheme based on fictitious gate passes.

Ultimately, the court rejected the excise reference, affirming that the companies involved were fictitious, and therefore, no benefit of MODVAT could be claimed by the petitioner based on such fictitious transactions. The judgment highlights the importance of genuine transactions and the requirement for excise duty payment to claim Modvat credit, emphasizing the consequences of engaging in transactions with non-existent entities in the context of excise law.