2002 (2) TMI 675

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..... on for consideration in this appeal is the eligibility to Modvat credit which was taken by Indoco Remedies Pvt. Ltd., the respondent to this appeal. The notice issued to it proposed denial on two grounds. The first was that it could not take Modvat credit of the duty paid on invoices which were issued in the name of a loan licensee i.e. person who utilised machinery and other facilities in the r .....

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..... the department s favour. The Commissioner has been swayed by the fact that the actual place where the goods were manufactured was respondent s factory. That is however not relevant. The credit is to be taken by the manufacturer, that manufacturer was the loan licensee , the person who utilised the respondent s factory for manufacture by it of the medicaments. It is that person who paid the duty .....

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..... ed invoice. This point however has been raised for the first time before me and I think it appropriate to remand the matter to the Asstt. Commissioner for considering these document and reviewing on the eligibility to credit. 5. The appeal is therefore allowed and the impugned order set aside. So far as the credit taken on invoice issued to a loan licensee is concerned, the Asstt. Commissioner .....

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