2002 (8) TMI 239 - AT - Central Excise

Modvat credit eligibility upheld despite invoice address discrepancies; Trade notice lacking legal authority not valid for credit denial.

RACOLD APPLIANCES LTD. Versus COMMISSIONER OF CUS. & C. EX., PUNE

The Tribunal allowed the appeal in part, emphasizing that discrepancies in the address on invoices should not invalidate Modvat credit eligibility when ... Modvat/Cenvat - Duty paying documents Issues: Eligibility of Modvat credit on invoices, validity of invoices for Modvat credit, requirement of duplicate invoices for Modvat credit, details of mode of transport and time on invoices, customer copy of invoice for Modvat credit.Analysis:1. Eligibility of Modvat credit on invoices:The appellant's eligibility for Modvat credit on invoices was questioned due to discrepancies in the address mentioned on the invoices. The appellant argued that since there was only one manufacturing unit and the goods were received and utilized in the factory, any technical failure in the address details should not hinder the credit eligibility. The department emphasized that the invoices were not in the name of the manufacturing unit. The Tribunal held that in a situation with only one factory, the absence of the factory's name on the invoice should not invalidate the credit eligibility, especially when the goods were utilized in the factory.2. Validity of invoices for Modvat credit:Several invoices totaling Rs. 7.49 lakhs were deemed invalid as they were not marked as duplicate or original and were considered 'extra copies.' The appellant contended that the requirement for duplicate invoices came into effect after the issuance of these invoices. The Tribunal agreed with the appellant, stating that without legal authority, the denial of credit based on the absence of duplicate invoices was unjustified. The Tribunal referred to previous decisions to support this view.3. Requirement of duplicate invoices for Modvat credit:The issue of duplicate invoices was further discussed in relation to the trade notice issued by the Commissioner, Pune. The department relied on this trade notice, but the Tribunal upheld the appellant's contention that the notice lacked legal authority. The Tribunal emphasized that the absence of details regarding the mode of transport and time on the invoices should not be a valid reason to deny credit, as the prescribed proforma did not require such information.4. Customer copy of invoice for Modvat credit:An objection was raised regarding the credit of Rs. 36,000, as it was based on a customer copy of an invoice issued by Steel Authority of India Ltd. The appellant's reliance on a Board Circular was deemed irrelevant, as it did not address the issue of the type of copy required for Modvat credit. Since no other grounds were presented, the denial of credit in this instance was upheld.In conclusion, the Tribunal allowed the appeal in part, emphasizing the importance of valid grounds for denying Modvat credit and the need for adherence to legal provisions in such matters.