9911796707
TMI Blog1997 (9) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... . Gulati, Vice President]. The issue in the appeal relates to grant of Modvat credit in respect of inputs which were received under the cover of an invoice which had been endorsed in favour of the respondents. 2. The learned JDR for the department has pleaded that under Rule 57G the endorsed invoice had not been notified as a valid document for Modvat purpose. He has pleaded that the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , who had endorsed the invoices in favour of the respondents. He has pleaded that the issue stands covered in favour of the assessee by the orders of this Tribunal in the case of Hyderabad Chemical Supplies Ltd v. CCE vide order No. 57/96, dated 2-1-1996. In this case, in paras 2 3, the tribunal held as follows :- After hearing both parties and on going through the records we find that the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s following the ratio of the Bench in similar circumstances referred to supra and also keeping note of the implication of Notification No. 21/94, dated 12-5-1994 and in the facts and circumstances of the case, we hold that the invoices issued by the appellants are valid for the purpose of availment of Modvat credit. In the result, the impugned order is set aside and the appeal is allowed." 4. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the gate passes were endorsed once and which were acceptable prior to 1-4-1994, the same would also be valid document for the purpose of taking Modvat credit till 30-6-1994. The invoices were substitute documents for the Gate Passes and therefore we have held in our earlier decisions that what was applicable to the gate passes would be applicable to the invoices also till 30-6-1994. Inasmuch as pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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