TaxTMI 
TaxTMI 
2009 (1) TMI 176
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....has been referred :— "Whether on the facts and circumstances of the case, the Tribunal is right in disallowing the credit for Modvat on the carbon copy of the challans furnished by the petitioner evidencing payment of duty?" 2. In order to appreciate the controversy few facts as stated in the statement of facts may first be noticed. The assessee-applicant was engaged in the manufacture of cold rolled steel strips falling under chapter sub-Heading 7211.51 of the Schedule to the Central Excise Tariff Act, 1985 and the assessee was availing Modvat credit facility in respect of duty paid on the inputs namely H.R. Strips/H.R. Coils/Skelp in terms of rule 57A of the Central Excise Rules, 1944 (for brevity 'the Rules'). On scrutiny of record ....
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....ly used in the manufacture of final products. After considering the reply, Addl. Collector ordered recovery/reversal of Modvat credit of Rs. 6,69,304 and also imposed penalty of Rs. 5,000. The assessee preferred an appeal against the above order before the Commissioner (Appeals) which was rejected. The assessee went up in appeal before the Tribunal. The Tribunal vide its order dated 16-1-1998 upheld the order of the Commissioner (Appeals) and dismissed the appeal. 3. We have heard the learned counsel for the parties at a considerable length and do not feel persuaded to accept that carbon copy could be used for claiming Modvat credit. The case of the assessee is that TISCO does not supply original challans but only give the carbon copies an....
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....SCO, New Delhi is not correct as there are cases where original copies of the challans are given to the parties. I observe that had the party's contention that the stockyards of M/s. TISCO only issue carbon challans to the customers was correct, the carbon copy would have been treated as the original duty paying document and Modvat credit would have been admissible in respect of the same. However, this plea of the party is not correct and as such the Modvat credit taken by them on the basis of carbon copies of the challans is not admissible." 4. In the wake of the aforesaid findings it is not possible to conclude that carbon copy is required to be regarded as original copy as per the claim made by the assessee. Relevant provisions of rule ....