Customs, Excise and Gold Tribunal - Bangalore
M/S Kirloskar Electric Company Ltd. ... vs Commissioner Of C. Excise, Bangalore on 27 August, 2001
ORDER Shri Brahma Deva, Member (J)
1. The issue relates to Modvat Credit. The Modvat Credit has been denied on the ground that the party has availed credit on original copy of the invoice.
2. Shri Nagaraja Sharma appearing for the appellants submitted that there was no requirement for the period in question to avail the Modvat credit on copy of the duplicate invoice. On the other hand trade notice No 59/15/94 dated 3.8.94 specifically issued stating dealers issuing the invoices should mark invoice copy as "Original", "Duplicate", "Triplicate" etc. Further, the original copy of the invoice will only be the valid document for availing the Modvat credit. He said that amendment was issued only with effect from January 95 to enable the assessee to avail the Modvat credit on copy of the duplicate invoice and in case duplicate copy is lost it was for the assessee to convince about the loss of duplicate copy to avail Modvat credit on original invoice. The period herein related prior to amendment. Since there was no requirement for the party to avail credit on duplicate as per the trade notice, there was no irregularity in availing the Modvat Credit.
3. Heard Smt Radha Arun, SDR appearing for Revenue.
4. In view of the facts and circumstances and taking into consideration of the submissions made by both sides with reference to the trade notice issued referred to above, I find there is some force in the arguments advanced on behalf of the assessee. I also find that in view of the case law developed on the point the matter requires to be re-examined by the adjudicating authority. In the view I have taken, I am remanding the matter to the jurisdictional authority to examine the issue afresh and to pass an order on providing an opportunity to the party in view of the developed case law on the point at issue. Thus this appeal is allowed by way of remand.
(Pronounced and dictated in open court)