2006 (2) TMI 37 - AT - Central Excise

Job worker's Modvat credit rightfully allowed despite gate pass endorsement

BHILAI ENGINEERING CORPORATION LTD. Versus COMMISSIONER OF C. EX., RAIPUR

The appellant, a job worker for Indian Railways, was denied Modvat credit and penalized. The denial was based on the endorsement of gate passes, which the ... Central Excise – Cenvat/Modvat credit – Job work (1) Endorsement of invoice (2) Despatch of raw material directly to the appellant is not related to sale of goods under endorsed invoices hence no ground to deny of credit Issues: Denial of Modvat credit and imposition of penaltyAnalysis:1. The appellant, a job worker for Indian Railways, was denied Modvat credit of Rs. 2,59,543/- and penalized Rs. 30,000 in the impugned order.2. The facts leading to the order reveal that the Railways supplied main inputs directly to the appellant, who visited the Bhilai Steel Plant to collect the supplies. Invoices were issued in Railways' name and endorsed to the appellant, along with a material moving gate pass, allowing the appellant to receive and move the material for production.3. The ground for denying credit was the endorsement of gate passes from 1-4-1994 onwards.4. The appellant's argument was that this was not a sale but merely dispatching material to the appellant, with no sale involved.5. Upon reviewing the record, it was evident that this was not a sale of goods under endorsed invoices. The invoices were in the buyer's name, and the endorsement was for facilitating the material's removal by the appellant. Direct dispatch of raw materials to a job worker does not justify denying Modvat credit. There was no dispute regarding the duty paid nature of the goods and their use in manufacturing excisable goods. The credit was rightfully due, leading to the impugned order being set aside, and the appeal allowed with any consequential relief for the appellants.