9911796707
TMI Blog2000 (3) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... t Modvat credit has been taken on the strength of invoices in the name of others. 2. The facts of the case are that the appellants are engaed in the manufacture of non-alloy/alloy steel wires. The appellants have been receiving wire rods direct from the manufacturers. In the invoice the name of the consignee was M/s. Hero Cycles, M/s. Munjal Steels etc. The appellants also received challans from M/s. Hero Cycles and M/s. Munjal Steels giving the particulars of the wire rods, their weight, rate of duty and the amount of duty paid. M/s. Munjal Steels and M/s. Hero Cycles were manufacturers and were already registered with the Department. The Department alleged that the appellant had wrongly availed Modvat credit on endorsed gate passes, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 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 in so far as taking credit on the strength of challans is concerned; the case is fully covered by the circular of the Central Board of Excise & Customs referred to above. Ld. Counsel submitted that their case is fully covered by the decision of the Larger Bench of this Tribunal in para 10 of its order reported in 2000 (116) E.L.T. 364. He, therefore, prayed that the appeals may be allowed. 4. Shri R.D. Negi, Ld. DR submits that in so far as endorsed invoices are concerned, Modvat credit on the strength of endorsed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cument 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 Board of Excise & Customs as the duty paying document and Modvat credit on the strength of this document could be taken. From the above findings, we hold that Modvat credit was correctly taken by the appellant. In the circumstances, the appeals are allowed. Consequential relief, if any, shall be admissible to the appellants in accordance with law. X X X X Extracts X X X X X X X X Extracts X X X X
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