2007 (2) TMI 641 - AT - Central Excise

Summary

Issues involved: Appeal against denial of credit under Modvat Scheme based on investigation findings and validity of credit availed u/s duty paying documents.

Summary:
The appeal was filed by the Revenue against an order allowing credit of Rs. 2,17,821/- to the respondents who were engaged in manufacturing CR strips under the Modvat Scheme. Investigation in 2000 revealed discrepancies regarding the depot of the supplier, M/s. Majestic Industries Ltd., and the vehicle numbers on invoices. The adjudicating authority confirmed the demand by denying the credit, but the Commissioner (Appeals) overturned this decision. The Commissioner found that the respondents had made payments for inputs through legitimate means, used the inputs in manufacturing final products, and had filed necessary returns without objection from the Revenue. The Revenue's contention regarding non-existent transporters and lack of evidence of input receipt was dismissed. The Tribunal upheld the Commissioner's decision, noting that the findings were unchallenged, and the credit availed in 1996 was valid despite the investigation in 2000. The appeal was dismissed, affirming the allowance of credit to the respondents.