9911796707
TMI Blog2007 (11) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... ods wasn’t under challenge & invoice contained the details prescribed by the Board, the credit had to be allowed - appellants had satisfied all the conditions of not. 58/97 so sale is not necessary to avail credit – so they are eligible for credit - E/1197/2000/MAS and E/207-211/2004/MAS - 1424-1429/2007 - Dated:- 28-11-2007 - S/Shri P.C. Chacko, Member (J) and P. Karthikeyan Member (T) [Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at credit. This Tribunal had decided in Rado Tyres Ltd. v.CCE, Cochin [2004 (174) E.L.T. 218 (Tri. - Bang.)] that transfer of goods by book adjustment from the principal to the job workers was sale within the meaning of Section 2(h) of the Central Excise Act and job workers were eligible for Modvat credit in respect of goods received under stock transferred invoices. In CCE, Tricky v. Henkel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tification No. 58/97-C.E. (N.T.) dt. 30-8-97. The said Notification allowed credit at the rate of 12% of the invoice price where the goods had suffered duty under Section 3A of the Central Excise Act, 1944. The Transmission Line Tower (TLT) factory of M/s. Larsen Toubro had received re-rolled products from the adjacent Re-rolling Mills of M/s.L T Ltd. The original authority had denied Modvat cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Bench is submitted in support of their case. In the said final order the Tribunal had decided that once the duty paid nature of the goods was not under challenge and the invoices contained the details prescribed by the Board, credit had to be allowed. Credit could not be denied to an assessee for the sole reason that the inputs were received under stock transferred invoices. 5. We find th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se: "We have analysed the provisions from different angles and we do not find anything in the Notification to justify the exclusion of the inputs in dispute for the benefit of Modvat credit when used by the appellants in the manufacture of specified final products, on the sole ground that the inputs were captively consumed." In the instant case inputs were similarly received by the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X
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