2005 (10) TMI 447 - AT - Central Excise

Tribunal Upholds Credit for First Stage Dealer, Rejects Revenue Appeal

The Tribunal upheld the decision allowing credit availed by the respondents based on documents from the second stage dealer, considering M/s. Parekh as ... Cenvat/Modvat - Duty paying documents Issues Involved:Interpretation of the definition of 'first stage dealer' in the context of goods supplied from a manufacturer's depot, credit availed by the respondents based on invoices issued by a subsequent dealer, and the eligibility of such credit.Detailed Analysis:1. The primary issue in this case revolved around determining whether the goods supplied from the depot of a manufacturer to an intermediary, who then further supplied them to another party, qualified for availing credit based on the invoices issued by the final dealer. The question was whether the respondent's credit availed on the documents from the second stage dealer was permissible.2. The Commissioner of Central Excise (Appeals) analyzed the definition of a 'first stage dealer' and concluded that a dealer procuring goods directly from a manufacturer's factory or depot would be considered a first stage dealer. In this case, M/s. Parekh was identified as the first stage dealer, with M/s. Venus Petrochemicals being categorized as the second stage dealer. Consequently, the credit availed by the respondents based on the second stage dealer's documents was deemed permissible.3. A contention was raised regarding the manufacturer having a registration for the depot, suggesting that the depot should be recognized as the first stage dealer. However, the Tribunal did not agree with this argument. It was noted that the order of the Ld. CCE(A) correctly applied the definition of a first stage dealer, identifying M/s. Parekh as such in accordance with the relevant laws. Therefore, the documents issued by M/s. Venus Petrochemicals were considered eligible for credit by the respondents.4. Ultimately, the Tribunal found no merit in the appeal presented by the Revenue. Given the interpretation of the law and the application of the definition of a first stage dealer, the appeal was rejected, and the original decision allowing the credit availed by the respondents based on the second stage dealer's documents was upheld.This detailed analysis of the judgment highlights the key issues addressed by the Tribunal regarding the interpretation of the term 'first stage dealer' in the context of credit availed on goods supplied through multiple intermediaries.