Commissioner of C. Ex. Vs. Graphite (i) Ltd.

1. this is revenue's appeal against the order of the commissioner (appeals), vide which modvat credit has been held to be admissible on the ground that the cash memos issued by hpcl, which is a public sector undertaking, are proper documents for the purpose of modvat rules for arriving at the above conclusion, the appellant authority has relied upon a number of decisions of the tribunal including the one reported in 2004 (65) rlt 260 (cestat - del).2. as against the above, the revenue's contention in their memo of appeal is that cash memos cannot be treated as proper documents for availment of modvat credit as held by the tribunal in the case of universal chemicals industries pvt ltd., v. cce, mumbai reported in 2004 (177) e.l.t. 726 (tri. - mumbai). however, 1 find that the appellate authority has observed that these cash memos were containing debit entries. however, there is no dispute about receipt of inputs, duty paid on the same and utilization of the inputs in the manufacture of the final products. it is now well settled by catena of judgements that hyper technicalities should not be made the basis in disallowing the modvat credit. reliance by appellate authority on various decisions of the tribunal is while appropriated, as such i find no merits in the revenue's appeal and reject the same.