2021 (11) TMI 782

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....allowed the credit in respect of stock lying in the factory of the appellant as on 31.03.2003 however, Modvat Credit in respect of inputs which were in transit was denied on the ground that the goods were only in transit and were not in stock as on 31.03.2003. Being aggrieved by the Order-In-Original, the appellant had filed appeal bearing No. E/824/2006, the tribunal vide Order dated 11.08.2010 remanded the matter to the adjudicating authority by giving the following observations:- 2. Learned advocate draws our attention to the various decisions of the Tribunal holding that the inputs in transit would also be available. He relies upon the following decisions. 1. Elecon Fabrics [2007 (216) ELT 694 (Tri.-Ahmd.)] 2. Jaldarshan Textile ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of Elecon Fabrics [2007 (216) ELT 694 (Tri.-Ahmd.)] & Jaldarshan Textile [2009 (243) ELT 751 (Tri.-Ahmd.)] is to be considered. He submits that as per the aforesaid judgments Modvat Credit on the goods in transit has been allowed. Therefore, the learned Commissioner has erred in not following the aforesaid judgments. He further submits that the issue of quantification of valuation is not being contested therefore, the issue to be decided is only eligibility of Modvat Credit on the inputs in transit as on 31.03.2003. 03. On the other hand Shri J.A.Patel, learned Superintendent (Authorized Representative) appearing on behalf of the revenue reiterates the finding of the impugned order. 04. We have carefully considered the submissions made b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....03-Central Excise (N.T.), dated 25-3-2003, regarding transitional provisions pertaining to Textiles and Textiles Articles and declaration of stock as on 31-3-2003. Trade may be informed suitably that in the case the declared stock as on 31-3-2003 is kept in a place other than the registered/to be registered premises, the address of the said premise or premises where such stock is kept, must be declared by the assessee in the stock declaration". 7. There is no dispute in respect of goods which are lying in the factory premises as on 1-4-2003 credit would be available as per the declaration made within the specified time limit. Regarding transitional credit, it is envisaged that the goods belonging to the receiver of such inputs may lie, o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tself has taken place on 19-5-2003, the records of the assessee and the declarations filed by them were relied upon to extend the credit of goods which were lying as on 1-4-2003 at the factory premises. The dispute only relates to some portion of the goods, which were in transit. There is no dispute that the said goods have been received and utilized by the appellants. Private records including the subsequent returns filed by them indicates the details of such receipts and utilization. Inasmuch as the Board envisaged the condonation of procedural lapses to ensure the credit being taken as a transitional measure, the order of the Commissioner (Appeals) is set aside and the appeals are allowed with consequent relief. 10. The appeals are al....