9911796707
TMI Blog2001 (1) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... taken Modvat credit on inputs (lubricating oils greases and rubber tubes) totalling to Rs. 3,09,120.70 in November, 1994. Out of such credit, an amount of Rs. 2,86,720.70 was the extent of credit taken on lubricating oils and greases and the balance credit was taken on rubber tubes. The lubricating oils and greases had been supplied to the appellants by Indian Oil Corporation Ltd. (IOC) and Bhar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I have carefully examined the records and heard both sides. Ld. Advocate Shri Shekhar Vyas submits that there are two issues arising for consideration in this appeal. Firstly, whether lubricating oils and greases were eligible inputs for the Modvat credit under Rule 57A. Secondly, whether the duty paying documents (invoices issued by the IOC/BPC depots and the Goodyear Co.) contained particulars r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lementing the necessary particulars and that the invoices issued by the Goodyear Co. had no deficiency of particulars in terms of the notification. He, therefore, prays for setting aside the impugned order and allowing the appeal. 3. Ld. JDR Shri S.C. Pushkarna submits that sufficient opportunity of personal hearing was given by the lower appellate authority. Ld. Commissioner (Appeals) duly cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R. He prays for upholding the impugned order. 4. I have carefully considered the submissions. I accept ld. Counsel s submission that the eligibility of lubricating oils and greases for input-credit for a period prior to 1-3-1997 stands affirmed by the Tribunal (Larger Bench) in the case of Modi Rubber Ltd. (supra). The eligibility of rubber tubes is not in dispute. As regards the question whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder cannot be considered to be one passed quite in accordance with the principles of natural justice. 5. Therefore, in the interest of justice, I remand the limited question of admissibility of the invoices coupled with any certificates of the input-manufacturers, for the Modvat credits, to the Commissioner (Appeals) for a fresh decision in accordance with law as well as the principles of natur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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