9911796707
TMI Blog1997 (9) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case, the appellants are manufacturers of M.S. Black Steel Tubes. They purchased H.R. Coils from the market. H.R. Coils were supplied by M/s. Rama Steels. M/s. Rama Steels had purchased these H.R. Coils from the SAIL depot. SAIL depot had issued invoices in favour of M/s. Rama Steels. According to the department M/s. Rama Steels issued Credit Note and also endorsed invoices of SAIL indicating that the entire consignment of H.R. Coils procured from the SAIL depot by the appellants was sold to the appellants. The appellants also purchased H.R. Coils from M/s. Maruti Steel Syndicate and M/s. Hindustan Steel Corporation. The method followed in the two cases was identical to the method followed for the purchase from M/s. Rama Steel. The depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ratio of these decisions fully covered their case and prays that the appeal may be allowed. 4. Shri D.K. Nayyar, learned JDR appearing for the Revenue submitted that the rule provides for producing invoices indicating particulars of payment of duty of the quantity purchased etc. He submits that the Credit Notes did not contain any of particulars nor was it in the form of invoice. He submits that with effect from 1-4-1994, the only duty paying document was the invoice and since the invoice was not produced, therefore, the lower authorities have rightly denied them the benefit of Modvat credit. 5. Heard the submissions of both sides. I note that this issue pertains to the period May, 1994. During that period it was the initial stage of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re than one manufacturer. A wholesale dealer is a person, who ordinarily does not enter into contract with a manufacturer. The latter part of this provision, as the learned Advocate puts it, is important which stipulates that the dealer should have bought the goods from the manufacturer. In other words, for the invoice to be acceptable the dealer issuing the same must have bought the goods direct from the manufacturer and not from another dealer. That is only meaning which could be assigned to this condition. 7. Though these decisions of the Tribunal cited above are not directly on the issue before me, but they lend support to my observations that in the initial stage of introduction of invoices as duty paying documents for the purpose o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
