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2002 (3) TMI 528

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..... der]. - In this case, the appellants have availed the Modvat credit amounting to Rs. 48,329.54 on the strength of three invoices issued by the depot of the M/s. IOC, Kota all bearing identical No. viz., 999999 but dated 1-4-96, 16-7-96 and 17-7-96. These invoices were issued in favour of the appellants. The invoices were found to be issued fraudulently and the proceedings were initiated agains .....

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..... .R. Verma, JDR for the respondents. The ld. Counsel for the appellants is submitting that there is no discrepancy found in respect of the modvatable documents on which the appellants have availed the Modvat credit. It is contended that the violation, if any in allotting the identical serial Nos. to the invoices, is committed by the supplier of the material viz., M/s. IOC, Kota and the appellants c .....

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..... e adjudicating authority that they had issued dummy invoices bearing the same serial number, as the duplicate copies of the invoices covering the goods had not been received by them on receipt of the consignment. In my view, this is a serious violation of the Modvat rules having a vital bearing on the Revenue. The appellants have already been permitted to avail the Modvat credit on one invoice. Th .....

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