2004 (11) TMI 338 - AT - Central Excise

Tribunal grants waiver for pre-deposit, overturns denial of Modvat credit, and rules in favor of appellant

The tribunal granted a stay application waiver for pre-deposit, acknowledging the appellant's strong prima facie case. Regarding the dispute over Modvat ... Cenvat/Modvat - Capital goods - Duty paying documents Issues:1. Stay application consideration and waiver of pre-deposit.2. Dispute regarding Modvat credit on capital goods.Analysis:1. The judgment begins with the consideration of a stay application where both parties were heard at length. The tribunal found that the appellant had a strong prima facie case for waiver, leading to the decision to waive the pre-deposit requirement and proceed with the appeal's disposal.2. The main dispute in this case pertains to Modvat credit on capital goods, with over Rs. 85 lakhs being denied to the appellant. The denial was based on the appellant's alleged failure to correctly fill up RG 23A Part I and Part II columns, deemed a statutory violation. However, the appellant explained that the column in question related to the machinery's installation date, which could not be filled at the receipt time as installation occurred later. The credit was taken only post-installation, as per the Rules, and undisputed by the Revenue.3. The tribunal, after hearing the arguments and examining the records, sided with the appellant's contentions. It found no merit in the dispute raised by the Revenue, stating that the credit for the machines and parts in question was rightfully taken post-installation, in compliance with the Rules. Consequently, the tribunal set aside the impugned order, allowing the appeal with any consequential relief permissible to the appellants.