2002 (5) TMI 729

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..... ah, JDR, for the Respondent. [Order per : Justice K.K. Usha, President]. When the stay application came up for hearing it was agreed by both sides that the appeal itself can be disposed of. Therefore, we proceed to dispose of the appeal. 2. The appellant have come on earlier occasion before this Tribunal which resulted in Final Order No. C-II/1668-69/WZB/2001, dated 23-6-2001. The issu .....

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..... er dated 24-9-2001. Aggrieved by the above assessee has come in appeal. 3. It is the contention of the appellant that it is entitled to the benefit of Board s Circular dated 23-2-89 and therefore can not be found fault with for taking credit on the strength of the certificate issued by the Range Supdt. in the name of M/s. BMV Brothers who in turn has endorsed the said certificate in favour of th .....

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..... to be further endorsed for purposes of availing Modvat credit thereon. The matter has now been examined by the Board. In suppression of instructions aforesaid, it has been decided that the subsidiary gate passes/ certificates issued by the aforesaid agencies may be permitted to be endorsed only once for purposes of availing Modvat credit and that too only if the entire material covered by such .....

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