9911796707
TMI Blog1995 (9) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... c and articles of Zinc. For manufacture of these items, they are availing Modvat credit on inputs namely, copper wire bars, zinc ingots, copper wire bars cut moulds etc. 3. The Department was of the view that under Rule 57G(2) of the Central Excise Rules, no Modvat credit can be taken unless the inputs are received in the factory under the cover of gate pass, A.R. -1, Bill of Entry or any other documents as may be prescribed by the Central Board of Excise and Customs. The Department was also of the view that with the issue of Trade Notice No. 93/89 dated 16.11.1989 by the Bombay Collector-I, the trade was informed that the certificate issued only by SAIL/TISCO in respect of indigenous inputs can be accepted for granting Modvat credit and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued by M/s. Hindustan Copper Ltd. and M/s. Hindustan Zinc Ltd. does not arise. The learned Counsel argued that certificates issued by PSU were acceptable for availing Modvat credit. In support of his contention, the ld. counsel cited and relied upon the judgment in the case Devi Dayal and Mohindra Corporation reported in 1995 (75) E.L.T. 659 (Tri.) = 1994 (5) RLT 398. The learned counsel therefore, prayed that the impugned order may be set aside and the appeals may be allowed. 5. Shri Mewa Singh, the learned SDR appearing for the respondents submitted that the Trade Notice No. 93/89, dated 16.11.1989 was very clear inasmuch as the question of availing Modvat credit on the strength of certificate issued by M/s. Hindustan Copper Ltd. and M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of prescribing a duty paying document by the CBEC. When the learned SDR was pointedly asked to show the authority supported and relied upon the Trade Notice, he couild not point out nor could he produce any document to support the relied upon Trade Notice of the Central Excise Collectorate Bombay-I. 8. Now looking to the facts of the case, I find that the CBEC had in their letter dated 9-2-1988 had clarified that the certificates issued by PSUs/Canalising agency like MMTC/STC shall be treated as duty paying document. In the instant case, I find that the inputs were procured from M/s. HCL and M/s. HZL. The admitted position is that these two companies are PSUs. I have also seen the judgment in the case of Devi Dayal and Mohindra Corpn. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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