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2012 (4) TMI 254 - HC - Central ExciseModvat Credit on Invoices other than duplicate copies – Revenue stated that respondent-assessee illegally and irregularly availed Modvat credit on Fabricated heaters/Fabricated tubes/Crab Assembly and Refractory materials - on the ground that the words 'duplicate invoice' was not mentioned on invoices and Refractory and Refractory materials not covered under the definition of 'capital goods' – Held that:- Tribunal held that after the amendment of Rule 57G of the Rules vide Notification No.7/99-CE(NT) dated 9th February, 1999 the amended Rules would apply in all pending cases and the credit cannot be denied on minor procedural lapses in case the inputs were duty paid - credit should not be denied only on the ground that the documents referred to in sub-rule (2) does not strictly comply with the said Rule but contains the details of payment dues, description of goods, assessable value, name and address of the factory or warehouse etc. - Modvat credit on Refractory and Refractory materials is allowed as these items are used for lining of the furnace used for producing the final products - This position has also been clarified by the Central Board of Excise and Customs by issuing a circular in exercise of its power under Section 37B of the Act and made it applicable to all pending cases – in favour of assessee.
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