2006 (10) TMI 368

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rom the appellant side has attended the hearing today, despite notice. 2. I have heard the learned DR and perused the record. 3. The appellant had availed Modvat credit amounting to Rs. 20,529/- on 16-1-1998 after duty intimating the Asstt. Commissioner vide his letter dated 3-9-1997 regarding the loss of invoices along with a copy of FIR with a request to allow them to take credit of duty whi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... isallowing the Modvat credit taken by the appellant, imposing penalty. 6. The learned DR while reiterating the contention of the learned Commissioner (Appeals), emphasizing the following reasoning of Commissioner (Appeals): I find that in the instant appeal neither the credit has been availed on the strength of duplicate copy of invoice nor original copy of invoice. Further, the respondents h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ng from the side of the Department, they have availed the Modvat credit. This fact has already been examined by the Asstt. Commissioner, who is since convinced that the goods have been received and consumed in their unit. Considering the facts and circumstances of the case, I do not find any merit in the observations of the Commissioner (Appeals), particularly because the veracity of receipt and u .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X