2005 (4) TMI 434

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..... this appeal against Order-in-Appeal No. 657/2003 dated 27-3-03 by which the Commissioner (Appeals) has allowed the Modvat credit on the basis of invoices which do not show the assessable value of the goods. 2.After rejecting the request of the learned Advocate for adjournment, I heard Shri P.M. Rao, learned Departmental Representative and perused the records. Commissioner (Appeals) has allowed t .....

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..... the question of disallowing the Modvat credit does not arise. Further, after the amendment of Rule 57G by Notification No. 7/99, the Modvat credit is not disallowable for some lacunae in the duty paying documents. It has been clarified by the Board in Circular No. 441/7/99-CX, dated 22-3-99, that the said Notification empowers Assistant Commissioner to allow credit of duty paid on inputs/capital .....

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