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2001 (12) TMI 726 - AT - Central Excise
Issues:
1. Waiver of pre-deposit of duty and penalty based on Modvat credit on an invoice other than the duplicate one. 2. Denial of Modvat credit on packing and forwarding charges. 3. Denial of Modvat credit due to incomplete particulars in the invoice. 4. Admissibility of Modvat credit on water meter as capital goods. Analysis: 1. The appellant sought waiver of pre-deposit of duty and penalty, arguing that Modvat credit was correctly taken on a copy other than the duplicate invoice before 19-1-95, citing precedents. The Tribunal referred to a case law where Modvat credit on the original invoice was deemed acceptable prior to a specific rule amendment, thus allowing Modvat credit in this case. 2. The appellant contended that Modvat credit denial on packing and forwarding charges was unwarranted as these charges were included in the assessable value and duty was paid accordingly. The Tribunal referenced a case where credit on such charges included in assessable value could not be denied, ruling in favor of the appellant. 3. Regarding denial of Modvat credit due to incomplete invoice particulars, the appellant provided a certificate from the Range Superintendent certifying the correctness of Modvat credit. However, the Tribunal found the certificate lacking essential details for determining the correct Modvat credit amount, leading to a remand for further examination by the Assistant Commissioner. 4. The issue of Modvat credit on a water meter as capital goods was raised, drawing parallels with a case before the Madras High Court where a water meter used as an accessory to a manufacturing plant was considered capital goods. The Tribunal held that Modvat credit would be admissible on the water meter in this case. In conclusion, the appeal was allowed by way of remand after dispensing with the pre-deposit of duty and penalty. The Tribunal's decision was based on precedents and detailed examination of Modvat credit issues, ensuring a fair and thorough assessment of the appellant's claims.
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