9911796707
TMI Blog2003 (7) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... and imposed the penalty of equal amount on M/s. Steel Tubes of India Ltd. and penalty of Rs. 10 lakhs on M/s. STI Sanoh India Ltd. on the ground that M/s. Steel Tubes of India Ltd. wrongly availed the credit on the strength of invoices which were issued in the name of M/s. STI Sanoh India Ltd. 3. Brief facts of the case are that appellants M/s. Steel Tubes of India Ltd. are engaged in the manufacture of C.R. Sheet and Steel Tubes and were availing the benefit of Modvat Scheme in respect of the duty paid inputs such as H.R. Sheet/Sheets. The appellant availed the credit of Rs. 45,19,784/- on H.R. Coils on the strength of invoices issued by the manufacturer in the name of M/s. STI Sanoh India Ltd. which is their sister concern. M/s. ST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... voices for M/s. STI Sanoh India Ltd. is allowed to divert to M/s. Steel Tubes of India Ltd." 7. Further, we find that Circular No. 96/7/95-CX., dated 13-2-1995 allowed the transit sale and procedure was prescribed in the Circular. The relevant portion of the Circular is reproduced below : "A registered person places an order on a manufacturer for supply and delivery of goods directly to a consumer and the goods are accordingly transported from the manufacturer's premises to the user's premises without being brought to the registered person's premises. In such a situation manufacturer will issue an invoice under Rule 52A. This invoice under Rule 52A will contain, in addition to the prescribed details including the consignee's name and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsing the duplicate and triplicate copy of the invoice to the new destination and thereafter the goods could be so diverted. Similar instructions have been requested to be issued with reference to the situation where the goods cleared by a manufacturer are required to be diverted to a consignee other than the original consignee. The matter has been examined by the Board and I am directed to say that the guidelines laid down in para 2 of the heading "Transit Sale" of the aforesaid Circular with respect to registered person issuing invoice under Rule 57G above will mutates mutandis also apply in the case of manufacturers issuing invoices under Rule 57A." In the present case M/s. STI Sanoh India Ltd. applied to the Supdt. of Central Excise f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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