Customs, Excise and Gold Tribunal - Calcutta
M/S Asian Plywood Industries Pvt. Ltd. vs C.C.E., Patna on 31 July, 2001
ORDER
Archana Wadhwa
1. On matter being called nobody appeared on behalf of the appellants in spite of today's notice of hearing. Accordingly, i have heard Shri A.K. Chattopadhaya, learned JDR for the Revenue and have gone through the impugned order.
2. The prayer in the application is for dispensing with the pre-condition of duty amount of Rs.29,801/- (rupees twenty nine thousand eight hundred one only) confirmed by rejecting the Modvat credit availed by the appellants on the basis of the original copy of invoice. Penalty of Rs. 1,000/-(rupees one thousand only) has also been imposed by the Authorities below.
3. It is seen that Modvat credit was availed on the original invoice instead of duplicate copy meant for transporter. The appellants' contention before the Authorities below is that the duplicate copy was lost, they did not apply to the Assistant Commissioner for his satisfaction of loss of duplicate, neither the requisite procedure was followed by them. I find that the Larger Bench of the Tribunal in the case of C.C. vs. Modi Rubbers Ltd. - 2000 (119) ELT 197 by following the earlier Larger Bench decision in the case of Avis Electronics -200(117) ELT 571 has held that Modvat credit is not available when the assessee had not satisfied the Assistant Commissioner about the loss of duplicate copy of invoice before taking credit. Inasmuch as the issue is already covered against the appellants, I direct them to reverse the said Modvat credit of Rs. 29,801/- (rupees twenty nine thousand eight hundred one only) from their Modvat Account within period of four weeks from today. In case of none availability of credit in the Modvat Account the same shall be deposited in cash. Subject to deposit of duty amount penalty amount is waived. Matter to come up for ascertaining compliance and disposal of appeal on 3rd September, 2001.
(Dictated & pronounced in Court)