2005 (3) TMI 495 - AT - Central Excise

CESTAT Chennai Allows Modvat Credit Based on Original Invoice, Emphasizes Equality

The Appellate Tribunal CESTAT, CHENNAI ruled in favor of the respondents, allowing Modvat credit based on the original invoice instead of the duplicate ... Cenvat/Modvat - Duty paying documents Issues:1. Modvat credit allowance based on original vs. duplicate copy of invoice.Analysis:The appeal before the Appellate Tribunal CESTAT, CHENNAI involved a dispute regarding the allowance of Modvat credit based on the original copy of the invoice instead of the prescribed duplicate copy. The original authority had disallowed the credit, citing the loss of the duplicate copy in transit and the fear of misuse. However, the Commissioner (Appeals) overturned this decision, allowing the credit for the respondents. During the proceedings, reference was made to the decision of the Hon'ble High Court of Punjab and Haryana in the case of CCE v. Ludhiana Beverages Ltd., which emphasized that an original document should not be treated worse than a duplicate copy. The High Court's decision clarified that if credit is permissible based on a duplicate copy, there is no justification for denying it when the original invoice is presented. The addition of Rule 2A to Rule 57G merely made explicit what was implicit in the original provision. Considering the legal precedents and the High Court's ruling, the Tribunal rejected the revenue's appeal, stating that it lacked merit.In conclusion, the Tribunal's judgment emphasized the importance of treating original documents equally to duplicate copies for the purpose of Modvat credit allowance. The decision highlighted the need for consistency in interpreting the relevant rules and regulations, as well as the significance of legal precedents in guiding such interpretations. The ruling provided clarity on the issue at hand and set a precedent for similar cases in the future.