1998 (6) TMI 333

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..... ve filed the captioned Appeal, accompanied by a Stay Petition, being aggrieved by the Order of the ld. Commissioner Appeals, holding that Modvat credit can be taken on the Transporter s Copy (Duplicate) as provided under Rule 52A. 2. The facts of the case in brief are that the Appellants are engaged in the manufacture of Gears and Shafts of two-wheeler motor vehicles. They availed Modvat credit .....

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..... dispensing with pre-deposit. 4. Shri P.M. Panwar, the ld. Consultant, appearing for the Appellants submits that the invoices were required to be marked as Original , Duplicate , Triplicate etc. only with effect from 19-1-1995. He submits that before that, there was no requirement of taking credit on any particular copy of the invoices. He submits that Bombay Collectorate in their Trade Notic .....

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..... fication Nos. 33/94 and 34/94, dated 4-7-1994. The ld. Consultant submits that the position becomes more clear with the issue of the aforesaid notices by various Collectorates which in most unambiguous terms says that Modvat credit can be taken on the strength of the original invoices. 5. He submits that when Notification No. 2/95-C.E. (N.T.), dated 19-1-1995 when read with the Trade Notices ref .....

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..... course of hearing and, therefore, Modvat credit has correctly been denied. 8. Heard the submissions of both sides. On careful consideration of the submissions made, I find that Registration of Dealers was introduced with effect from 4-7-1994. The registration of the Dealers who supplied the inputs to the Assessee in this case is not in dispute. The only dispute is whether Modvat credit can be t .....

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..... ther the original copy of the invoice will only be the valid document for availing the Modvat credit. With this clarification, the chances of any doubt have been set at rest. With the issue of the above clarifications simultaneously by the 3 Collectorates as indicated above. In the circumstances, I hold that the Appellants/Assessee has correctly availed Modvat credit on the strength of Original i .....

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