1991 (5) TMI 151 - AT - Central Excise

Summary

Issues:
- Appeal against the order of the Collector of Central Excise (Appeals), Madras regarding MODVAT Credit.

Analysis:
1. The Revenue filed an appeal challenging the decision of the Collector of Central Excise (Appeals), Madras, allowing the Respondents the benefit of MODVAT Credit taken after two months of receiving the goods inside the factory. The Revenue argued that MODVAT Rules do not permit taking credit at a later date if not taken at the time of receipt of inputs. The Revenue requested to set aside the Collector's order and restore the Asstt. Collector's order. The learned SDR for the Revenue contended that the assessees must take MODVAT Credit immediately upon receiving the goods to avoid confusion and difficulty for verification by authorities. However, no specific time limit for taking MODVAT Credit was found in the rules.

2. The Tribunal examined Rule 57G of the Central Excise Rules, which outlines the procedure for taking MODVAT Credit. It requires filing a declaration for final products and intended inputs to be used, followed by taking credit for duty paid on the inputs. Notably, there is no rule specifying a time limit for taking MODVAT Credit upon receiving goods inside the factory. The Revenue's concern about verification difficulties if credit is not taken immediately was dismissed by the Tribunal. They reasoned that proper documentation like gate passes and maintained accounts would facilitate verification. If assessees fail to correlate credit with gate passes, authorities can take action for recovery. The Tribunal held that the Revenue's argument lacked legal basis as there is no provision in Central Excise Rules regarding a time limit for taking MODVAT Credit. Therefore, the Tribunal upheld the lower appellate authority's decision and dismissed the appeal.