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TMI Blog2002 (2) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner (Appeals). Appeal No. E/1666/2001 filed by the assessee is against denial of Modvat credit of Rs. 6,79,508.75. The Revenue s Appeal No. E/1803/2001 challenges the decision of the Commissioner (Appeals) allowing Modvat credit amounting to Rs. 7,27,494/- to the assessee. 3. Examined the records and heard both sides. 4. It appears from the record that, out of the aforesaid amount of Rs. 6,79,508.75, a credit of Rs. 49,684.85 has been disallowed on the ground that the same was taken on the basis of invalid documents. The impugned credit was taken by the assessee on input (Polyester Fibre) in the month of May, 1994 on the strength of endorsed gate passes. It was under those gate passes that the manufacturer of the input viz. M/s. JC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 27-2-92 issued at the time of clearance of larger quantities of goods on payment of duty to the Punjab State Warehouse. The gate pass contains an endorsement thus : 7 bales net weight 2001 Kgs. out of 12 bales net weight 3511.3 Kgs. is being sent to M/s. Oswal Woollen Mills Ltd., Ludhiana . From this endorsement duly authenticated by M/s. JCT Fibres Ltd., it appears that a quantity of 2001 Kgs. of the goods out of 12 bales mentioned at Sr. No. 1 in the table to Gate Pass No. 1346, dated 27-2-92 was supplied by M/s. JCT Fibres Ltd. to the assessee under the commercial invoice dated 6-5-94. I find sufficient correlation between the invoice and the endorsed gate pass in respect of the goods. The gate pass was originally issued by the manuf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the correct address of the assessee s factory had been produced before the adjudicating authority but neither that authority nor the first appellate authority considered those documents before denying the Modvat credit taken on the strength of the Bills of Entry. On an examination of copies of the Bills of Entry available on record, I find that the address of the importer had originally been furnished correctly as G.T. Road, Sherpur, Ludhiana, India in the Bills of Entry but the same was subsequently corrected as 378 Industrial Area, Ludhiana, India. No such correction appears to have been made on the reverse of any of these Bills of Entry, wherein the correct address of the assessee s factory remains the same (G.T. Road, Sherpur, Ludh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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