- (1.) The present appeal has been filed under Section 35G of the Central Excise Act, 1944, hereinafter referred to as "the Act", against the order dated 3rd December, 2003 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi and has been admitted vide order dated 11th April, 2007 on the following two substantial questions of law: "(a) Whether Modvat Credit can be allowed on Invoices other than duplicate copies which, at the relevant time (November and December, 1995), was a mandatory requirement for availing Modvat Credit in terms of Rule 57G of the Central Excise Rules, 1944?" "(b) Whether the Appellate Tribunal being a creature of the statute itself can allow Modvat Credit other wise than in accordance with Rule 57G of the Rules?"
(2.) Briefly stated the facts giving rise to the present appeal are as follows: The respondent-assessee, which is a public limited company, is engaged in the business of manufacture and sale of Aluminium and its products falling under Chapter 76 of the Schedule to the Central Excise Tariff Act, 1985. It availed Modvat credit under Rule 57A/57Q of the Central Excise Rule, 1944, hereinafter referred to as "the Rules".
(3.) According to the Revenue, the respondent-assessee illegally and irregularly availed Modvat credit to the tune of Rs.6,67,26,672.83. Show cause notices were issued and after considering the reply filed by the respondent-assessee, the Assistant Commissioner, Central Excise Division, Mirzapur passed the orders confirming the aforesaid demand. Feeling aggrieved the respondent-assessee preferred appeals before the Commissioner(Appeals), Customs and Central Excise, Allahabad, who vide order dated 10th February, 2003 accepted the claim of the respondent-assessee to the extent of Rs.5,46,99,628.44. The Commissioner (Appeals), however, disallowed the Modvat credit of Rs.1,20,27,04.39. The respondent-assessee deposited a sum of Rs.1,13,63,610.07 and preferred an appeal for the balance amount of Rs.6,63,434.00 before the Tribunal.;