2001 (1) TMI 507

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..... Shri Jitendra Singh, Advocate, for the Respondent. [Order]. - This is an appeal filed by the Revenue against the Order of the Commissioner (Appeals). 2. I have examined the records. The respondents in this appeal had taken Modvat credit on certain quantity of inputs lying in stock as on 31-3-1994, amounting to Rs. 2,82,803.10. They had done so on the strength of invoices issued by the S .....

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..... der and held that the party was entitled to the Modvat credit in terms of Board's Circular No. 90/1/95-CX., dated 3-1-1995. The lower appellate authority further found that the Assistant Commissioner had travelled beyond the scope of show-cause notice in confirming the demand of duty. The Revenue is aggrieved by the order of the lower appellate authority. 2. I have heard both sides. 3.&emsp .....

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..... sued prior to 12-5-1994, were not valid documents for availment of Modvat credit in terms of Notification No. 21/94-C.E. (N.T.), dated 12-5-1994. The finding of the lower appellate authority is fully sustainable. Three out of the four invoices issued by the Sale Depot of TISCO were admittedly issued between 1-4-1994 and 11-5-1994 and the same were acceptable for the purpose of availment of Modvat .....

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