9911796707
TMI Blog2000 (3) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : G.R. Sharma, Member (T)]. These two appeals have been filed by the assessee against disallowance of Modvat credit of Rs. 10,38,434/-. Modvat credit was disallowed to the appellants on the ground that Modvat credit has been taken on the strength of G.P. 1s endorsed on or after 1-4-1994 and also on the ground that Modvat credit has been taken on the strength of invoices in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he demand and hence the appeal before us. 3. Arguing the case Shri R. Swaminathani, Ld. Consultant submits that the period involved in the case is from April 94 to June 94. He submits that during this period there was no prescribed invoice. He submits that invoices were prescribed only w.e.f. 4-7-1994. He referred to the CBEC Circular No. 76/76-94/CX, dated 8-11-1994 and submitted that in para 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible to issue the invoices in terms of Notification No. 15/94 and 21/94. He submitted that the period in the instant case was before June 94. Ld. Counsel submits that in so far as credit taken on the strength of endorsed gate passes is concerned, the case is fully covered by number of decisions of this Tribunal starting with Haji Musa Patrawala reported in 1996 (83) E.L.T. 620. He submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orities below he prays that the appeals may be rejected. 5. We have heard the rival submissions. There are two issues for our determination in this case. The first issue is whether Modvat credit can be taken on the strength of gate passes endorsed after 1-4-1994 but used before 30-6-1994. We find that there are a number of decisions of this Tribunal on this issue starting from Haji Musa Patrawal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to issue invoice/document under Notification No. 15/94 and Notification No. 21/94. We note in the instant case that challans have been issued by M/s. Hero Cycles and M/s. Munjal Steels. They were registered with the Excise authorities. Therefore, the document described as challans or by any other name issued by M/s. Munjal Steels and M/s. Hero Cycles will be a document prescribed by the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X
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