2001 (2) TMI 381 - AT - Central Excise

Summary

The revenue appealed against the order passed by the Commissioner (Appeals) regarding Modvat credit on invoices issued by dealers. The Commissioner (Appeals) relied on a Tribunal decision and held that the dealers fulfilled the conditions of Notification 15/94. The revenue contended that the invoices should be issued by wholesale dealers, not by any person. The respondents argued that the dealers were registered and relied on the definition of wholesale dealer. The Tribunal held that invoices issued by dealers, not appointed or authorized by the manufacturer, are eligible for Modvat credit. The appeal by the revenue was rejected based on the Tribunal's decision.