9911796707
TMI Blog1997 (11) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was held to be not admissible to them. In addition, penalty of Rs. 5,000/- was imposed. This order was confirmed by the Collector (Appeals) on appeal by the appellant leading to the present appeal. 2. Shri Amit Awasthi, learned Counsel for the appellant submits that Modvat credit in question had been disallowed and the amount recovered from them only on the ground that they had taken the credit on the strength of duplicate copy of the invoice printed in white colour issued by the dealer from whom they had purchased the material in question. Central Board of Excise Customs had issued Notification No. 23/95-C.E. (N.T.) prescribing the contents of the invoices and the colour. According to this Notification duplicate invoice should be o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assistant Commissioner. Appellant had also produced a certificate issued by the dealer confirming that the material supplied by them to the appellant under the particular invoice had suffered proper excise duty and that the same had been originally received by them under duplicate/transporter s copy of invoice issued by the manufacturer. 3. The arguments are opposed by Shri D.K. Nayyar, learned DR. He points out that the notification in question was issued on 30-5-1995 and it had been publicised through trade notices of the various Collectorates. Further this notification was printed in Volume 77 of Excise Law Times which was issued on 1st June, 1995. The notification actually came into force on 1-8-1995. Trade had sufficient time to no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Modvat could not be denied on account of a procedural lapse. Such a finding has no relevance to the present case, where the requirement is in precise terms that the invoice on the strength of which Modvat credit is to be availed will be the duplicate copy meant for transporter which should be in pink form. I also find that trade had sufficient notice by the issue of the notification on 30-5-1995 in which it was made clear that the new requirement would come into force from 1-8-1995. The discipline proposed by the said notification was meant to streamline and regularise the procedure of availing of Modvat and to prevent possible misuse of the facility. In view of the specific requirement of the notification issued under Rule 57GG to regula ..... X X X X Extracts X X X X X X X X Extracts X X X X
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