2008 (1) TMI 771

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..... nature of the inputs and the inputs have undisputedly been received in the factory and the assessee has taken credit, that is sufficient for the purpose of availment of credit and the deficiency in the duty paying document is not to be held against the assessee for the purpose of denying the substantive benefit of Modvat credit - denial of credit set aside. The penalty is not required to be set as .....

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..... nvat credit twice on the same goods (inputs), failed to discharge duty on certain finished goods and (c) availed Cenvat credit on the basis of inadmissible documents. The amount of Cenvat credit availed twice on the same goods was Rs. 27,634/-. The duty liability on finished goods was Rs. 18,182/- and credit availed on the strength of endorsed invoices was Rs. 76,913/-. Show cause notice proposing .....

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..... n of the appellants that credit taken on strength of endorsed invoice is admissible to them in the light of the judgment of the Hon'ble Bombay High Court in Simplex Mills Co. Ltd. v. CCE, Mumbai-IV - 2007 (81) RLT 331 (Bom) following the earlier judgment of the same High Court in Marmagoa Steel Ltd. v. UOI - 2005 (192) E.L.T. 82 (Bom.). The High Court has held that if there is no dispute regarding .....

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