2015 (3) TMI 174

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..... ORDER 1. The appellant M/s. Industrial Electronics is a unit of LML Ltd., situated at Gurgaon having their Head Office functioning at Kanpur. In November 1996, the Head Office imported a consignment of 55 packages of raw materials which were according to the appellants, sent straight to their Gurgaon Factory although the concerned Bill of Entry travelled to their Head Office at Kanpur. Their co .....

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..... the benefit of modvat credit. In this connection, he also refers to the Central Board of Excise and Customs Circular dated 29.2.1996 which has laid down two conditions in similar circumstances: (i) that the entire consignment covered by the said Bill of Entry is to be received in the factory in original packed condition and (ii) the triplicate copy of the Bill of Entry/duplicate copy of the Bill .....

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..... 4. Apart from the fact that the goods were received by the appellant directly whereas the credit was wrongly availed by the Head office and the said mistake was subsequently rectified by issuance of reverse invoices on the basis of which the present appellant took credit, I also note that the credit was availed in March 97 and was duly reflected by the appellant in their Return filed for the said .....

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