2005 (7) TMI 403 - AT - Central Excise

Appellate Tribunal denies Modvat credit due to failure in discharging duty liability.

The Appellate Tribunal CESTAT, NEW DELHI ruled in favor of the Revenue, denying Modvat credit amounting to Rs. 41,316/- to the respondents. The Tribunal ... Cenvat/Modvat - Duty paying document Issues: Denial of Modvat credit to the respondentsAnalysis:The appeal before the Appellate Tribunal CESTAT, NEW DELHI concerns the denial of Modvat credit amounting to Rs. 41,316/- to the respondents, as contested by the Revenue against the impugned order-in-appeal. The central issue revolves around whether the respondents are entitled to claim the Modvat credit under the circumstances presented.Upon hearing both sides, it was argued by the Revenue that the Modvat credit should be denied to the respondents due to the manufacturer's failure to discharge duty liability while clearing the goods to the dealer. The respondents' counsel, however, contended that as the goods were purchased from a registered dealer who provided references to the manufacturer's invoices, the respondents did not violate any laws, and thus, the credit should not be denied. The Tribunal rejected this argument, emphasizing that the duty on the goods was not discharged by the manufacturer at the time of clearance, rendering the dealer unable to pass on modvatable invoices to the respondents. Consequently, the respondents could not claim the Modvat credit based on goods that were not duty paid at the dealer's end.The Tribunal held that the Commissioner (Appeals)'s decision to allow the Modvat credit to the respondents was erroneous and unsustainable. Therefore, the impugned order was set aside, and the appeal of the Revenue was allowed. This ruling underscores the importance of duty payment at the manufacturing stage for the subsequent eligibility of claiming Modvat credit by the buyers, even if the goods are purchased from a registered dealer.In conclusion, the judgment highlights the significance of adherence to duty payment requirements in the supply chain to ensure the legitimate entitlement to tax credits, emphasizing the strict interpretation of Modvat credit provisions in cases where duty liabilities are not discharged by manufacturers during goods clearance.