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TMI Blog2000 (9) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... son who in turn endorsed it. This was objected to on the ground that law prohibits such endorsement. The Assistant Commissioner confirmed the proposal in the notice issued to it disallowing such credit. The assessee appealed this order. Commissioner (Appeals) disposed of this appeal along with other appeal on this issue by a common order. He noted invoices were issued between 7-4-97 and 26-4-97 by taking into account the fact that M/s. Ipca Laboratories acted as loan licensee in the premises of the assessee and therefore did not find reason to deny credit. He also relied upon Tribunal s decision in C.C.E. v. Goodlass Nerolac Paints Limited - 1986 (26) E.L.T. 57 in which it has held that a manufacturer is not required to be shown as consigne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... powers conferred by sub-rule (2) of rule 174 of the Central Excise Rules, 1944, Central Board of Excise and Customs, hereby exempts from the operation of rule 174 of the said rules every manufacturer who gets his goods manufactured on his account from any other person subject to the conditions that the said manufacturer authorises the person, who actually manufactures or fabricates the said goods to comply with all procedural formalities under the Central Excise Act, 1944 (1 of 1944) and the rules made thereunder, in respect of the goods manufactured on behalf of the said manufacturer and, in order to enable the determination of value of the said goods under section 4 of the said Act, to furnish information including the price at which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontention that the Larger Bench of the Tribunal has not considered this specific situation that we are required to deal again has no answer. The question that was before the larger Bench of the Tribunal is the question that is before us now i.e. after amendment of the law specifically providing that endorsed documents would not be valid document for taking credit. There is no provision in law exempting loan licensee from this provision. There is no requirement of referring to larger Bench as requested by the assessee unless we see existence of the fact which would justify a view that law was never intended to apply to the facts before us. 6. We are unable to see any such situation. Rule 57Q is clear that no credit shall be taken by a manu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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