2006 (11) TMI 485 - AT - Central Excise

Summary

Issues:
Modvat credit on endorsed invoices.

Analysis:
The appeal was filed against an order disallowing modvat credit to the appellants based on the contention that the credit availed on endorsed invoices was incorrect. The appellant argued that they had received modvat credit on invoices endorsed by the supplier's depot, citing a precedent from the Division Bench in a specific case. On the other hand, the respondent referred to a decision by the Larger Bench in a different case, asserting that the issue of modvat credit on endorsed invoices had already been settled. The presiding judge noted that the Larger Bench decision was made in the context of endorsed invoices issued after a specific notification, which introduced changes regarding duty paying documents. The judge highlighted a distinction made by the Division Bench in a separate case, suggesting a deviation from the precedent set by the Larger Bench. Consequently, the judge concluded that the Division Bench decision needed reconsideration to determine if it aligned with the established law set by the Larger Bench. The registry was instructed to present the matter before the Hon'ble President to constitute a Division Bench for a review.

In summary, the judgment revolved around the issue of modvat credit on endorsed invoices. The conflicting interpretations between the Division Bench and the Larger Bench led to the decision for a reconsideration of the Division Bench's ruling to ensure consistency with the established legal principles. The case highlighted the importance of aligning judicial decisions to maintain coherence within the legal framework.