2000 (5) TMI 643

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..... against Order-in-Appeal No. 161/97, dated 27-11-1997 passed by Commissioner (Appeals) which has upheld the decision of the original authority vide Order-in-Original No. 15/96, dated 18-3-1996 regarding availing of Modvat credit on capital goods imported by the holding partnership firm of the present appellant namely Star Filament Corporation. The goods were imported in 1994 vide Bill of Entry No. .....

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..... d therein covering such cases has not been followed. 4. Ld. Advocate, on the other hand, submits that the Board s Circular of 1996 cannot be applied retrospectively in this case as the goods were imported in 1994 when no such procedure was prescribed by the Board. He submits that the original authority has considered the matter in detail and has found that - (a) The appellants M/s. Swastik .....

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..... ik Filament Corporation is a unit of M/s. Star Filament Corporation. 5. Ld. Advocate, therefore, submits that all possible verifications to safeguard Revenue interest were carried out by the Jurisdictional Assistant Commissioner before he had dropped the proceedings against them. He further submits that the Commissioner (Appeals) has also upheld the Order-in-Original and has not been able to acc .....

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..... ase inasmuch as the import was made by the main partnership company namely Star Filament Corporation, but the machine was installed in another factory which was a unit of the Star Filament Corporation. Therefore, ratio of the aforesaid decision would apply in this case and the Revenue appeal would merit rejection. 6. I have carefully considered these submissions and find that the facts have been .....

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..... ue of the said Board s circular as well as at a time when the appellants were not in existence, therefore the mere fact that the credit has been taken by a unit of the importing firm should not come in the way of its enjoying a substantial benefit of Modvat credit in terms of the decision of the Tribunal in the case of Paharpur 3P (supra). Secondly, we cannot apply the Board s Circular of 1996 as .....

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