2001 (12) TMI 440

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..... shra, SDR, for the Respondent. [Order]. - By the impugned order dated 27-8-1999 the Commissioner (Appeals) disallowed Modvat credit to the appellants on two grounds. The first ground was that the Modvat credit was not admissible on endorsed B/E. Second ground was that Modvat credit cannot be taken on the strength of restructured Bill of Entry. 2. The facts of the case briefly stated are t .....

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..... ted in 2000 (40) RLT 727. 4. Learned Counsel further submits that insofar as the denial of Modvat credit taken on the strength of restructured Bills of Entry is concerned, the decision of the Tribunal in the case of Klockner Supreme Pentaplast Ltd. v. C.C.E., Indore reported in 1999 (114) E.L.T. 253 and the earlier decision in the case of Shree Products v. C.C.E. reported in 1999 (84) ECR 59 .....

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..... ase of C.C.E., Jaipur v. Indian Polytex (P) Ltd. in favour of the assessee. 8. Following the ratio of the above decision I hold that Modvat credit taken on the strength of endorsed Bills of Entry or reconstructed Bills of Entry will be admissible to the appellants. 9. The appeal is allowed in the above terms with consequential relief, if any, in accordance with the law.
Case laws, .....

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