2003 (1) TMI 596 - AT - Central Excise

Tribunal Grants Modvat Credit for Duty Paid Inputs with Endorsed Bills of Entry

JAY BHARAT MARUTI LTD. Versus COMMISSIONER OF C. EX., NEW DELHI-I

The Tribunal allowed the appeal by M/s. Jay Bharat Maruti Ltd., holding that they were entitled to Modvat credit on duty paid inputs using endorsed Bills ... Modvat, on Endorsed Bill of Entry Issues involved:Availability of Modvat credit on duty paid inputs based on endorsed Bills of Entry.Analysis:Issue 1: Availability of Modvat credit on duty paid inputs based on endorsed Bills of EntryThe appeal filed by M/s. Jay Bharat Maruti Ltd. raised the question of whether they were entitled to Modvat credit for duty paid on inputs using endorsed Bills of Entry. The Appellants manufactured automobile components for M/s. Maruti Udyog Ltd. (MUL) as per specific requirements. The Commissioner disallowed the Modvat credit and imposed a penalty, arguing that endorsed Bills of Entry were not specified duty-paying documents under Rule 57AE of the Central Excise Rules, 1944. However, the Appellant's Advocate argued that MUL had imported dies and moulds necessary for manufacturing, endorsed Bills of Entry to the Appellants, and made a declaration to the Customs authorities as per Circulars issued by the Central Board of Excise & Customs. The Advocate cited a previous Tribunal decision in the case of M/s. Mark Auto Industries Ltd., where Modvat credit was allowed on endorsed Bills of Entry in similar circumstances. The Tribunal found that the issue was not new as it had been previously decided in the Mark Auto Industries Ltd. case, where Cenvat credit was allowed based on endorsed Bills of Entry following relevant Circulars. The Tribunal referred to specific situations outlined in Circulars and concluded that the Appellants were entitled to the credit based on the endorsed Bills of Entry. Consequently, the Tribunal set aside the impugned order and allowed the appeal, following the precedent set in the Mark Auto Industries Ltd. case.This judgment clarifies the eligibility of Modvat credit on duty paid inputs using endorsed Bills of Entry, emphasizing compliance with Circulars issued by the Central Board of Excise & Customs. The decision underscores the importance of following established procedures and documentation requirements to avail of tax credits in excise matters. The Tribunal's reliance on previous rulings and Circulars highlights the consistency and precedent-driven nature of tax law interpretation in such cases. The judgment provides a clear framework for manufacturers to claim credits on imported goods diverted for manufacturing purposes, ensuring adherence to specified procedures and documentation endorsed by customs authorities.