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TMI Blog2008 (9) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... y, the gate passes were issued prior to the said date. There is nothing in this notification which talks about the endorsements - the assessee is entitled to claim credit under the MODVAT scheme in respect of those gate passes which were issued prior to 1-4-1994 but were endorsed on or after the said date - appeal dismissed - decided against Revenue. - 1 & 2 of 2001 - - - Dated:- 5-9-2008 - Dee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he items for which MODVAT credit is claimed were issued on or before 31-3-1994. The gate passes were admittedly endorsed after 31-3-1994. According to the Revenue the date of endorsement is the date whereby the assessee is entitled to claim credit and since the endorsement was made after 31-3-1994, no credit for the same could have been claimed. The Assessing Authority, Commissioner (Appeals) as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the 1st April, 1994 and the credit under the said rule has been taken on or before the 30th June, 1994." 7.The only requirement is that the document should have been issued before 1-4-1994. Admittedly, the gate passes were issued prior to the said date. There is nothing in this notification which talks about the endorsements. Therefore, we are of the considered opinion that the view taken by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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