Subject : Fraudulent availment of Modvat credit-preventive measures regarding

It has been brought to the notice of the Board that there is a tendency on the part of some dealers to obtain Central Excise registration, merely for the sake of using their invoice for transfer of Modvat credit, even though the dealers do not have proper business premises or without any arrangemnet for receipt, storage and onward dispatch of excisable goods.

2.    In this regard attention i sinvited to the provisions of Rule 57 GG which provides for registration under rule 174. A registration certificate issued under Rule 174 is valid only for the premises specified in such certificates; therefore, registration can not be granted to person who does not own proper premises for conducting his business.

3.    The Board therefore directs that the Central Excise Range Officers/Staff Audit and the Preventive parties shall specially check that the registered dealers who have proper business premises and arrangement for receipt, storage and onward despatch of excisable goods.

4.    The transport documents etc. relevant for modvat credit should be shown in the records of such dealers, both while they receive the goods and also while they pass on the goods down  the line to others who will in due course, claim Modvat credit. It should be ensured that dealers registered with the Central Excise Department for the purpose of passing on the Modvat credit actually deal in the excisable goods and are not merely namelenders or, are not fictious entities with only a postal address.  However, such checks should be carried out on a selective basis, wherever deemed necessary, with the written permission of the jurisdictional Assistant Collector.