9911796707
TMI Blog1998 (7) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... kyard and Stockyard of M/s. TISCO which are not proper and legal invoices in terms of provisions of Rule 57GG. It has been alleged that the invoices issued by the said two Companies should be coloured and should be properly pre-printed with serial numbers whereas the colour of the invoices issued by the said stockyard of the two Companies is white and serial numbers are written with hand. 2. Arguing on the application, Shri B.N. Chattopadhyay ld. Consultant submits that Notification 23/95-C.E. (N.T.), dated 30-5-1995 effective from 1-8-1995 was issued prescribing different colours for the modvatable invoices required to be issued by dealers. He submits that the period involved in the instant appeal is 1-8-1995 to 30-9-1995 i.e. initial pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the appeal itself after dispensing with the pre-deposit of duty and penalty. 3. Ld. JDR, Shri R.K. Roy appearing for the Revenue draws our attention to the reasoning of the adjudicating authority and submits that there has been violation of procedure prescribed by the notification in question. The two notifications in question were issued in 1994 and in 1995. The dealers were having sufficient time to implement the procedure as laid down in the said notifications. As the invoices have been issued in contravention of the said two notifications, the same cannot be considered as valid documents for the purposes of Modvat credit in terms of Rule 57GG. 4. In his rejoinder, ld. Consultant, Shri B.N. Chattopadhyay submits that the pre- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the denial of substantive benefit of Modvat credit. We find that the Revenue is not disputing that the appellants are otherwise entitled to Modvat credit and the duty paid character of the inputs received in the factory, their utilisation in the manufacture of the final product and the clearance of the final product on payment of duty is not being disputed by the Revenue. In the circumstances, we find that denial on the basis of hyper technical ground is not proper. Accordingly, with the consent of both the sides, appeal itself was heard. Accordingly, we set aside the impugned order and allow the appeal itself. 6. As the appeal has been allowed, Stay Petition also gets disposed of. 7. [Order per : S.K. Bhatnagar, Vice President]. - I wo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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