Customs, Excise and Gold Tribunal - Delhi
M/S. Isha Metal Industries vs C.C.E., Delhi on 7 March, 2001
ORDER
S.S. Kang
1. Heard both sides.
2. Appeal is admitted.
3. The applicants filed this applications for waiver of pre-deposit of duty amount of Rs. 48,861.00.
4. The contention of the applicants is that they availed the benefit of MODVAT Credit on the strength of invoice issued by M/s. Kunal Metals Pvt. Ltd., who was duly registered with the revenue authorities as a dealer. Therefore, the MODVAT Credit cannot be denied. The contention of the revenue is that the applicants availed the benefit of credit on aluminium scrap and M/s. Kunal Metals Pvt. Ltd. was registered with the revenue authorities as a dealer, but in the registration certificate, at the relevant time, aluminium scrap was not included. For dealing in aluminium scrap, he was registered with the revenue authorities on 25.9.98 i.e. after issuance of the invoice.
5. As M/s. Kunal Metals Pvt. Ltd. was registered with the revenue authorities at the time it issued the invoice, on the strength of which the credit was taken, prima facie, the balance of convenience is in favour of the applicants. Therefore, the pre-deposit of duty is waived for hearing of the appeal. Registry is directed to list the appeal on 16.5.2001 for regular hearing.
(Dictated in Court).