9911796707
TMI Blog1997 (10) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... credit of Rs. 58,007.00 availed by the appellants in respect of their input, Phenol, was denied to them on the ground that the same was availed on the basis of an invoice which was not in their name, but was originally issued by the manufacturer of inputs, M/s. Hindustan Organic Chemicals Ltd., Ambalamugal, Kerala, in the name of the first consignee, M/s. Arvind Industries, Calcutta who endorsed the same in the name of the appellant company. It has been held by the authorities below that with the introduction of invoice with effect from 1-4-1994, Modvat credit could be availed by the appellants only on the basis of documents as are prescribed under Notification No. 15/94-C.E. (N.T.), dated 30-3-1994. As the endorsed invoice is not one of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from both sides. I find that under the provisions of Notification No. 15/94 issued by the Central Government in exercise of its powers conferred by Rule 57G, invoices issued by certain persons have been prescribed as documents for the purposes of Rule 57G. Vide the said Notification, invoices issued by a manufacturer from his factory or depot or a wholesale distributor or a wholesale dealer of a manufacture or a manufacturer from his godown - have been prescribed as the duty paying documents for the purposes of Rule 57G, on the basis of which, the Modvat credit can be availed of. When the Notification prescribes the documents, no other document(s) can be read into the same. A reading of the said Notification shows that the endorsed invoices ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hold that Modvat credit was not available to the appellants on the basis of the endorsed invoices. Accordingly, I uphold this part of the Order of the authorities below denying the Modvat credit to the tune of Rs. 58,007.07. 6. Further, the credit of Rs. 4,503.00 has been denied to the appellants on the ground that the dealers invoice on the basis of which Modvat credit has been availed was not proper inasmuch as the same was not pre-authenticated and the time of removal was not mentioned therein. Similarly, credit of Rs. 7,890.42 and Rs. 1,183.56 - has been disallowed on the ground that the Invoice No. 17, dated 30-6-1994 was not in accordance with the Notification No. 15/94-C.E. (N.T.) inasmuch as the same was not pre-authenticated and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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