1998 (6) TMI 299 - AT - Central Excise

Summary

Issues:
1. Admissibility of caustic soda flakes as inputs under Rule 57A.
2. Defect in the documents related to the receipt of caustic soda flakes by the appellants.

Admissibility of Caustic Soda Flakes as Inputs under Rule 57A:
The appeals revolve around the admissibility of caustic soda flakes used for descaling of brass tubes as inputs under Rule 57A. The appellants argued that the caustic soda should be considered an admissible input based on a Tribunal judgment in a similar case. They relied on a precedent where descaling compound used for an air conditioning system was deemed admissible. The Tribunal found the inputs in the present case to be on similar lines and qualifying under Rule 57A. Consequently, the impugned order upholding the Assistant Commissioner's decision was set aside, and the admissibility of caustic soda flakes as inputs was affirmed.

Defect in Documents Related to Caustic Soda Flakes Receipt:
The second issue in one of the appeals pertained to defects in the documents concerning the receipt of caustic soda flakes by the appellants. The discrepancies highlighted in the show cause notice included the lack of pre-authenticated invoices, missing consignee's excise registration number, Range/Division details, and manufacturers' registration number. Upon examination, it was noted that while the invoices were not pre-authenticated, the manufacturers' details were inscribed on them. The absence of certain details like the consignee's excise registration number and Range/Division specifics was deemed insufficient to deny Modvat credit. The case was remanded back to the Assistant Commissioner for further verification regarding the authenticity of the invoices and manufacturers' details. A similar directive was issued for another appeal where similar discrepancies were identified in the invoices. The Assistant Commissioner was instructed to examine the invoices for verification purposes.

In conclusion, both appeals resulted in the admissibility of caustic soda flakes as inputs under Rule 57A being upheld. The matters were remanded back to the Assistant Commissioner for verification in accordance with the directions provided in the judgments. The appeals were allowed by way of remand, ensuring a thorough examination of the issues raised.