9911796707
TMI Blog2002 (9) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... pray for recalling the order passed by this Bench on 5-4-2002 rejecting the ROM application filed by them. In the ROM application, the appellants pointed out what they considered as an apparent mistake in Final order No. A/1519/2001/NB(SM), dated 18-10-2001. When the ROM application was taken up for hearing, there was no appearance of, or representation for, the party. An ex parte order was passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicate copy of invoice had been lost in transit. The Assistant Commissioner, however, did not examine the question whether the duplicate copy of invoice had, in fact, been lost in transit, nor did he properly entertain the application of the party. I find that these facts and circumstances have been stated in para 3 ibid. Para 10 of the judgment of the Tribunal s Larger Bench in the case of Avis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove, I allow the present application and recall Misc. Order No. M/76/2002/NB(SM) as well as Final Order No. A/1519/2001/NB(SM). 5. Both the lower authorities disallowed the Modvat credit taken by the appellants on the strength of original copies of invoices. Hence the appeal before me. 6. Heard both sides. 7. For the reasons already stated, I set aside the orders passed by both the lower au ..... X X X X Extracts X X X X X X X X Extracts X X X X
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