9911796707
TMI Blog2002 (4) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... ]. The respondents manufacture Tyre of Motor Vehicles falling under Chapter Heading No. 40.11. They also availed the Modvat credit on the inputs under Rule 57A of Central Excise Rules, 1944. They were issued a show cause notice dated 10-6-94 by the Assistant Commissioner of Central Excise, Bhopal in which it was alleged that they had availed the Modvat credit amounting to Rs. 41,912.15 again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Commissioner (Appeals). I have heard Shri A.S. Bedi, SDR for the appellant and Shri S.K. Bansal, Chartered Accountant for the respondents. I have considered the submissions made before me. In the Revenue appeal, it is contended that in allowing the Modvat credit on the strength of thrice endorsed GP-1, the lower authorities have relied on the decision of the CEGAT in the case of SBS Organics (P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l National Limited v. CCE -1999 (107) E.L.T. 102 (T) in which a view is taken in favour of the assessee on the issue of availability of the Modvat credit on thrice endorsed gate passes. On considering all the arguments advanced before me, it is observed that there are different decisions on the issue whether the Modvat credit on the gate passes endorsed more than two times would be admissible or n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents at Betul. In this case the fact is that the GP-1 is endorsed only twice i.e. once by the godown of M/s. IPCL in favour of M/s. Hind Rubber and the second time by M/s. Hind Rubber in favour of the head office of the respondents. The endorsement by the head office to their factory at Betul cannot be considered to be the type of endorsement as to be reckoned third endorsement since t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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