9911796707
TMI Blog1998 (9) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit of Modvat credit in respect of duty paid on an input during the period from August, 1994 to February, 1995. The input and finished product are furnace oil and cement respectively. Furnace oil is used for firing the kiln where clinker is manufactured. Furnace oil was purchased by the appellant during the relevant period only from Indian Oil Corporation Ltd. or Bharat Petroleum Corporation Ltd., both Government of India Undertakings. Show cause notices were issued to appellant pointing out certain defects in the matter of documents on the basis of which Modvat credit was availed and stating that appellant was not entitled to avail Modvat credit on the strength of those documents and proposing reversal of Modvat credit availed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is to indicate the particular copy on the strength of which alone Modvat credit can be availed. The intention underlying Rule 52A of the Central Excise Rules is that of the four copies required to be prepared, it is only the copy required to be handed over to the transporter or carrier on the strength of which the Modvat credit can be taken. The emphasis is not in the words but what emerges from the words, namely, the copy should be the one handed over by the manufacturer to the transporter. If the invoices of inputs relied on by the appellant contain the words "carriers copy" or "transporters copy", it will mean that the copies were duplicate copies handed over to the transporter, which is precisely the requirement of Rule 52A. In our opi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch relates to only dealer and not manufacturer), issue of invoices which contain prescribed details, invoices to bear printed serial numbers running for the whole year etc. Show cause notices do not indicate which of the requirements of this rule were not conformed to in these cases and hence cannot provide foundation for rejecting the benefit of Modvat credit. 6. The next charge is that invoices do not contain serial numbers of PLA debit entry. The learned Counsel for the appellant stated all the invoices contain these particulars. This requirement is for the purpose of easy verification of the factum of payment of duty on the inputs. The adjudicating authority has verified this aspect and satisfied himself that all the inputs were d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
