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TMI Blog2010 (9) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... 53, dated 3-1-2006 issued by the job workers. The invoices were raised only for Development cost did not accompany the goods. As per Rules 3 and 4 of CENVAT Credit Rules, 2004, the credit is admissible only on fulfilment of the provisions of the said rules. As the assessee did not receive any input, capital goods, part and components or manufactured finished goods from the supplier against the said invoices credit is not available to the appellants. Accordingly, after issuing show-cause notice, duty demand, interest and penalty were confirmed by the lower authorities. Aggrieved by the said order, the appellants are before me. 3. The learned Consultant appearing on behalf of the appellant submitted that the appellant placed a purchase ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charges as expenditure in their books of accounts by claiming depreciation on the value excluding the element of central excise duty availed as cenvat credit. He also submitted that the credit was denied only on the account that the appellant has not received any goods against the duty paid invoice is not acceptable as the supplier while manufacturing the impugned goods had to incurred expenditure for procuring the die to make the impugned goods and the same is forming the part of the transaction value. Hence, the impugned order is to be set aside. 4. On the other hand, the learned DR reiterated the impugned order and submitted that it is a well settled law and CENVAT credit is available only when the assessee receives the goods against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner in this case should have got the matter cleared by making enquiries with the Asstt. Commissioner having jurisdiction over the factory of the supplier of input, if he doubted the genuineness of the particulars of duty payment in the gate pass in question. The circumstances of collection of duty on design and development charges by the Asst. Commissioner at the suppliers end is a necessary data in the circumstances of this case in view of the appellants explanation referred to above, without which the denial of Modvat will not be justified. The contention of the learned DR that as no goods have been received along with the duty paid invoice CENVAT credit is not available to the appellants, is not admissible in the facts and circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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