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TMI Blog2021 (11) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... ered under the consignment which were in transit as on 31.03.2003. Whether in terms of the notification allowing the credit on the stock as on 31.03.2003 whether the goods in transit shall be considered as stock as on 31.03.2003? - HELD THAT:- This tribunal in the earlier round of appeal remanded the matter making a categorical observation that the issue to be decided in the light of the judgments in the case of ELECON FABRICS VERSUS COMMISSIONER OF CUS. C. EX., RAJKOT [ 2007 (6) TMI 57 - CESTAT, AHMEDABAD] where it was held that there is no dispute that the said goods have been received and utilized by the appellants. Private records including the subsequent returns filed by them indicates the details of such receipts and utilizat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transit and were not in stock as on 31.03.2003. Being aggrieved by the Order-In-Original, the appellant had filed appeal bearing No. E/824/2006, the tribunal vide Order dated 11.08.2010 remanded the matter to the adjudicating authority by giving the following observations:- 2. Learned advocate draws our attention to the various decisions of the Tribunal holding that the inputs in transit would also be available. He relies upon the following decisions. 1. Elecon Fabrics [2007 (216) ELT 694 (Tri.-Ahmd.)] 2. Jaldarshan Textile [2009 (243) ELT 751 (Tri.-Ahmd.)] 3. We also note that apart from the above issue the appellants claim also stands rejected on the valuation aspect. In as much as the matter needs to go back for exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods in transit has been allowed. Therefore, the learned Commissioner has erred in not following the aforesaid judgments. He further submits that the issue of quantification of valuation is not being contested therefore, the issue to be decided is only eligibility of Modvat Credit on the inputs in transit as on 31.03.2003. 03. On the other hand Shri J.A.Patel, learned Superintendent (Authorized Representative) appearing on behalf of the revenue reiterates the finding of the impugned order. 04. We have carefully considered the submissions made by both the sides and perused the records. We find that the present dispute is only in respect of admissibility of Modvat Credit in respect of goods in transit as on 31.03.2003. The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormed suitably that in the case the declared stock as on 31-3-2003 is kept in a place other than the registered/to be registered premises, the address of the said premise or premises where such stock is kept, must be declared by the assessee in the stock declaration . 7. There is no dispute in respect of goods which are lying in the factory premises as on 1-4-2003 credit would be available as per the declaration made within the specified time limit. Regarding transitional credit, it is envisaged that the goods belonging to the receiver of such inputs may lie, on the crucial date at places other than the factory premises. However, concessional deemed credit would be available in respect of such stock also subject to furnishing the deta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing as on 1-4-2003 at the factory premises. The dispute only relates to some portion of the goods, which were in transit. There is no dispute that the said goods have been received and utilized by the appellants. Private records including the subsequent returns filed by them indicates the details of such receipts and utilization. Inasmuch as the Board envisaged the condonation of procedural lapses to ensure the credit being taken as a transitional measure, the order of the Commissioner (Appeals) is set aside and the appeals are allowed with consequent relief. 10. The appeals are allowed with consequential relief. In the case of JALDARSHAN TEXTILE (SUPRA), the said order is reproduced below: 2. The appellants on the other hand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicating Authority for fresh consideration in the light of the above Circulars of the Board and the Tribunal s decision. Appeal is thus allowed by way of remand. From the above judgments, it is clear that even though the goods have not arrived in the factory but the assessee have purchased the goods and the said goods were in transit, the same was considered as stock as on 31.03.2003 and Modvat Credit was allowed. Therefore, ratio of the above two judgments are clearly applicable in the facts of the present case. 4.1 The learned Adjudicating Authority despite applicability of the above judgments denied the Modvat Credit which is clearly not acceptable. Accordingly, we hold that the appellant is entitle for Modvat Credit also in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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