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TMI Blog2004 (8) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... s for CEAT Ltd. and Apollo Tyres Ltd. M/s. CEAT Ltd. and Apollo Tyres Ltd. purchase the raw materials and supplied the same to the appellants. They are registered as dealers and they issue invoices to the appellants under Rule 57GG of the Central Excise Rules, 1944. The appellants took Modvat credit on the basis of these invoices. 2. Shri D.B. Shroff, learned Advocate appearing for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tock transfer invoices on which Modvat credit had been disallowed would fall within the ambit of "sale" as stated in Notification No. 14/95 and were therefore eligible to Modvat credit. (iii) Mark Auto Industries Ltd. v. CCE - 2003 (159) E.L.T. 311 (T). (iv) Pratap Steel Rolling Mills Pvt. Ltd. v. CCE - 2001 (137) E.L.T. 741 (T) wherein it was held that the sale of goods is not the determi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir Circular Number 267/603/97-CX., dated 9-9-1997, which had been issued in light of the order passed by the Jammu and Kashmir High Court in case of R.B. Jodha Mal Industries dated 29-5-1997 in Civil Writ Petition No. 866/96. (vii) CCE, Trichy v. Henkel Spic (I) Ltd - 2003 (159) E.L.T. 571 (T-Chennai) He, therefore, pleaded that the appeal may be allowed. 3. Shri L. Narasimha Murthy, learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be considered as sale as defined under Section 2(h) of the Central Excise Act, 1944, in the absence of any payment or valuable consideration and accordingly rejected the appeal. We find that the issue has already been decided by the Tribunal in case of Commissioner of Central Excise v. Modern Food Industries (India) Ltd. - 1988 (37) E.L.T. 294 (T) and subsequently it has been followed in the vari ..... X X X X Extracts X X X X X X X X Extracts X X X X
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