1993 (12) TMI 71 - HC - Central Excise

Summary

Issues Involved: Challenge to Notification No. 1 of 1990 amending sub-rule (4) of Rule 57G of Central Excise Rules, challenge to Circular dated 15th December, 1992, challenge to Trade Notice No. 1 of 1993 discontinuing procedure for issuing certified copy of Gate Pass.

Challenge to Notification No. 1 of 1990: The Notification amended sub-rule (4) of Rule 57G of Central Excise Rules, requiring the manufacturer of final products to submit original duty payment documents monthly. The Superintendent of Central Excise would verify and return these documents to the manufacturer.

Challenge to Circular dated 15th December, 1992: The Circular disallowed credit based on Certified Copy or authenticated photo copy of the original Gate Pass if the original was lost. Petitioners argued this change was unreasonable and violated their rights, as prior practice allowed credit even with copies of the Gate Pass.

Challenge to Trade Notice No. 1 of 1993: The Trade Notice further enforced the Circular's provisions, causing inconvenience to transporters who often deal with lost documents during transit. Petitioners contended that these actions were arbitrary, unreasonable, and against Rule 224(B) of Central Excise Rules.

The Court found no merit in the Writ Petition, stating that Rule 57G governs the credit of duty paid on excisable goods used as inputs. The Circular clarified that no credit would be allowed based on copies of the Gate Pass, emphasizing the need for genuine documents to prove duty payment on inputs. The Court upheld the Circular and Trade Notice, as they aligned with the newly amended Rule 57G(4).

The Court also ruled that there was no violation of Rule 224(B) of the Central Excise Rules, as the Circular did not prevent claimants from submitting duplicate documents. The Circular's purpose was to ensure that proforma credit was not granted solely on Certified Copies or authenticated photo copies of the original Gate Pass.

The Department's counsel explained that the Circular aimed to prevent fraud and ensure compliance with the rules governing credit of duty paid on excisable goods used as inputs. The Circular's restriction on credit based on copies of the Gate Pass was deemed valid and necessary.

In conclusion, the Court dismissed the Writ Petition, affirming the validity of the Circular and Trade Notice in regulating the submission of genuine documents for claiming proforma credit under MODVAT.