2004 (9) TMI 597 - AT - Central Excise

Summary

Issues: Denial of Modvat credit due to use of extra copy of invoice

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi pertained to the denial of Modvat credit amounting to Rs. 30,060.88 to the appellant, as challenged in the impugned Order-in-Appeal. The primary issue revolved around the validity of availing Modvat credit based on an extra copy of the invoice, which was contested by the appellant.

Upon hearing both parties and examining the record, it was observed that the Modvat credit had indeed been claimed by the appellant using an additional copy of the invoice, a practice deemed impermissible under the law. The appellant's argument that the original invoice was lost due to a truck accident resulting in the driver's death lacked substantiating evidence. Notably, no FIR regarding the accident was filed by the appellant, casting doubt on the veracity of the claim. Even if the driver's demise occurred as stated, the appellant could have sought permission from the department to claim credit based on the original invoice instead of resorting to the extra copy.

Reference was made to a precedent, Dhaula Giree Polyolefins (Pvt.) Ltd. v. CCE, Calcutta-II, where credit on a photocopy of the invoice certified by the supplier was allowed due to the loss of both original and duplicate copies during transit. However, this precedent was deemed inapplicable to the present case since there was no concrete evidence of the loss of the original invoice. Consequently, the Tribunal upheld the impugned order, finding no irregularity therein, and subsequently dismissed the appeal lodged by the appellant.

In conclusion, the judgment underscored the importance of adhering to legal provisions regarding the utilization of invoices for claiming Modvat credit, emphasizing the necessity of proper documentation and compliance with established procedures to validate such claims.