9911796707
TMI Blog2003 (10) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ed of on the basis of endorsement made on the Bill of Entry, which has been duly approved by the Customs authorities relying upon the Board s Circular dated 29-2-1996. In our view, the mere delay in sending the goods directly to the premises of appellant No. 2 should not come in the way of availing the Modvat credit when all other formalities, as required under the Board s Circular, have been complied with. The learned Advocate has also relied upon the decision of the Tribunal in the case of German Remedies Ltd. [ 2002 (4) TMI 140 - CEGAT, MUMBAI] wherein it has been held that the requirement of direct purchase and transfer of property in the name of the manufacturer (appellant No. 2) were not prerequisite condition for allowing the credit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Range, etc. of appellant No. 2 were indicated in the Bill of Entry, which was in accordance with the procedure prescribed in Board's Circular No. 179/13/96-CX, dated 29-2-1996; that this endorsement was also duly attested by the Appraiser of Customs House. He, further, mentioned that though, initially, appellant No. 2 was procuring dyes and fixtures under some leasing arrangements, they purchased dyes and fixtures in 2001 from Maruti Udyog Ltd.; that Maruti Udyog Ltd. took the imported goods in the original pack condition to their factory and, thereafter, supplied the same in the same condition to appellant No. 2 under non-returnable gate pass along with the triplicate copy of the endorsed Bill of Entry bearing the endorsement of Modvat cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. and only after some days, the goods were sent to appellant No. 2; that once the excisable goods have been received by M/s. Maruti Udyog Ltd., the journey of the Bill of Entry is over and it is no more valid for taking the Modvat credit by M/s. Agro Engg. Works to whom the goods have been sent from the premises of Maruti Udyog Ltd. after lapse of sometime; that for availing the Modvat credit by M/s. Agro Engg. Works, there has to be a separate duty-paying document, which is lacking in this matter; that in the absence of duty-paying documents, Modvat credit cannot be availed of; that the sale has taken place much after the goods have been received by appellant No. 2. As such, there was neither any sale of the goods by M/s. Maruti Udyog Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at credit can be availed of on the basis of endorsement made on the Bill of Entry, which has been duly approved by the Customs authorities relying upon the Board's Circular dated 29-2-1996. In our view, the mere delay in sending the goods directly to the premises of appellant No. 2 should not come in the way of availing the Modvat credit when all other formalities, as required under the Board's Circular, have been complied with. The learned Advocate has also relied upon the decision of the Tribunal in the case of German Remedies Ltd. (supra) wherein it has been held that the requirement of direct purchase and transfer of property in the name of the manufacturer (appellant No. 2) were not prerequisite condition for allowing the credit. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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