2005 (9) TMI 359 - AT - Central Excise

Summary

Issues: Disallowance of Modvat credit due to invoices not in the name of the appellant.

In this case, the appellant appealed against the Order-in-Appeal disallowing Modvat credit amounting to Rs. 85,274 as the invoices were not in the name of the appellant. The Commissioner of Central Excise (Appeals) upheld the disallowance stating that the invoices could not be related to the appellant's workshop. The appellant, represented by an advocate, argued that the materials were supplied by Tamilnadu Steels Ltd., Arakonam, but the invoices were in the name of the supplier, not the appellant. The authorities found that the invoices were not in the name of the appellant, leading to the disallowance of Modvat credit. The Tribunal affirmed the lower authority's decision, stating that the appellant cannot claim Modvat credit when the invoices are not in their name and cannot be linked to the goods received by them. Thus, the appeal was rejected, and the lower authority's order was upheld.

This judgment highlights the importance of invoices being in the name of the appellant to claim Modvat credit. It emphasizes the need for a direct link between the invoices and the goods received by the appellant. The decision underscores the strict adherence to procedural requirements in claiming credits under the Modvat scheme. It serves as a reminder for businesses to ensure proper documentation and compliance with invoicing regulations to avoid disallowances and uphold their entitlement to credits.