2001 (12) TMI 616 - AT - Central Excise

Tribunal grants Modvat credit on Heat Sink & Connector, citing unjustified denial based on Chapter Heading differences.

The Tribunal allowed the appeals challenging the denial of Modvat credit on Heat Sink and Connector due to discrepancies in Chapter Headings between ... Modvat/Cenvat - Declaration, discrepancies in chapters specified Issues:Modvat credit denial based on discrepancy in Chapter Headings between supplier invoices and appellant's declaration under Rule 57G.Analysis:The appeals were filed against the Commissioner (Appeals)'s order denying Modvat credit on Heat Sink and Connector due to different Chapter Headings declared by the assessee compared to those in the suppliers' invoices. The lower appellate authority observed discrepancies in Chapter Headings/sub-headings between the two, leading to credit denial. The appellants challenged this decision citing a previous order-in-appeal allowing Modvat credit to the same party on Heat Sink, following a CBEC Circular. The dispute centered around the correct classification of inputs and the difference in Chapter Headings.During the hearing, the appellant's counsel argued that the credit denial was unjustified as the rate of duty remained the same despite Chapter Heading differences. Referring to a Board's Circular and a previous order, the counsel contended that discrepancies in Chapter Headings should not lead to credit denial. On the other hand, the JDR argued that the change in Chapter Heading was significant, not merely a classification change, justifying the credit denial based on the suppliers' classification. The lower appellate authority upheld the denial based on this discrepancy.The Tribunal analyzed the submissions and noted no dispute regarding the receipt and utilization of inputs by the appellants. The descriptions in the Modvat declaration were undisputed. Citing a previous case and a Board's Circular, the Tribunal emphasized that credit denial solely based on Chapter Heading differences was not justified. Referring to a Larger Bench decision, the Tribunal highlighted that even if Chapter Headings were different from suppliers' invoices, credit denial was not warranted. The Tribunal applied an amendment to Rule 57G retroactively, allowing Modvat credit on Heat Sink and Connector for the disputed period. Consequently, the impugned order was set aside, and the appeals were allowed.This detailed analysis highlights the core issue of discrepancy in Chapter Headings leading to Modvat credit denial, the arguments presented by both parties, relevant legal precedents, and the Tribunal's decision based on retroactive application of an amendment to Rule 57G.