9911796707
TMI Blog2008 (7) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... J. S/Shri V. Shekhar, Sr. Advocate, Vikram Gulati and B. Krishna Prasad, Advocates, for the Appellant. S/Shri S.K. Bagaria, Sr. Advocate, Mrs. Rohina Nath and Umesh Kumar Khaitan, Advocates, for the Respondent. [Order]. - Leave granted. 2. In November, 1994 M/s. Essar Gujarat Limited imported three consignments, in all, amounting to 4426.796 MT of shredded scrap and cleared the same under three Bills of Entry on payment of duty. Out of the said 4426.796 MT M/s. Essar Gujarat Limited gave a loan of 3314.159 MT of scrap to the respondent herein. On receipt of the said goods the respondent took credit of P.s. 27,83,198/- (Rupees Twenty-seven lakhs, eighty-three thousand and one hundred ninety-eight only) for the countervailing duty paid b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules framed thereunder. 5. Suffice it to state that the Commissioner of Customs, Goa confirmed the demand and levied penalty. 6. Aggrieved by the said Order dated 26th September, 1997, the assessee preferred an appeal before the Tribunal. By its Order dated 11th August, 2004 the Tribunal confirmed the duty but reduced the penalty/set aside the portion thereof. 7. The assessee preferred Central Excise Appeal No. 117/2004 in the Bombay High Court. The appeal stood allowed. Hence, this Civil Appeal is filed by the Department. 8. As can be seen from the Chart quoted hereinabove, the total consignment 4426.796 MT shredded scrap stood imported by M/s. Essar Gujarat Limited under three distinct Bills of Entry dated 30th May, 1994, 31st May, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the factory the cover of an invoice issued under Rule 52A, an AR-1, or Bill of Entry or any other document as may be prescribed by the Central Government by notification in the Official Gazette in this behalf evidencing the payment of duty on such inputs. ………………………………………" 10. On reading Rule 52A the position which emerges broadly is that the said Rule refers to eligibility for claiming MODVAT Credit, whereas Rule 57G refers to procedure to be observed by the manufacturer for taking credit for the duty paid on the inputs received by him. A bare reading of Rule 52A shows that no excisable goods shall be delivered from a factory or a warehouse except under an invoice signed by the owner of the factory or his authorised agent. Rule 52A, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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