1997 (7) TMI 408 - AT - Central Excise

Summary

Issues:
- Benefit of Modvat credit for goods received under improper invoices.

Analysis:
The appeal before the Appellate Tribunal CEGAT, Madras revolves around the benefit of Modvat credit concerning goods received under invoices deemed improper for Modvat purposes. The appellant's representative, Shri Parameswaran, acknowledged that one of the invoices, specifically Invoice No. 42 issued by Phoolchand, was not suitable for Modvat credit amounting to Rs. 1,644.17. However, the appellant contended that the other invoice, issued by a dealer later registered in compliance with Notification No. 33/94, lacked pre-authentication but was otherwise valid. The appellant cited Circular No. 76/76/94-CX dated 6-11-1994, issued by the Government of India, which provided flexibility for accepting invoices under Rule 57H of the Central Excise Rules, 1944.

The Circular aimed to address challenges faced by traders during the transition period when amendments were made to Rule 52A, allowing Modvat credit based on dealer-issued invoices. The Tribunal noted that the lower authority failed to consider the Circular's provisions, which permitted the acceptance of invoices meeting Notification 15/94 and 21/94 requirements for Modvat credit. Consequently, the Tribunal decided to review the matter in light of the Circular's instructions, emphasizing the need for a fresh examination considering the relaxations provided therein.

Ultimately, the Tribunal set aside the lower authority's decision and remanded the case for a fresh assessment, directing a reevaluation based on the Circular's guidelines. Notably, the Tribunal upheld the lower authority's ruling regarding the unpressed claim related to Invoice No. 42. The judgment underscores the importance of adhering to Circular directives and ensuring a thorough evaluation of Modvat credit claims in alignment with relevant notifications and circulars to prevent unjust denial of legitimate credits.