2005 (3) TMI 329

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..... eferred against the common order-in-appeal, the issue relates to the denial of deemed Modvat credit to the appellants in terms of Notification No. 58/97-C.E. (N.T.), dated 30-8-1997. 2. The appellants procured the inputs from M/s. Prince Agro Allied Indus. and M/s. Devta Steel Rolling Mills. The deemed Modvat credit under the above said notification has been denied to them as the invoices did .....

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..... deemed Modvat credit on the basis of the invoices issued by this firm, cannot be maintained and is set aside. 4. This takes us to the invoices issued by M/s. Devta Steel Rolling Mills which carried the declaration "Duty liability to be discharged." The learned Counsel has very vehemently contended that this declaration is also sufficient to meet the requirement of Notification No. 28/97. He has .....

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..... -1-1998 and related to the goods in stock with them on 31-9-1998 at the time of surrender of the licence. But the invoices in question were issued thereafter. Not an iota of evidence has been brought by the appellants to prove that the duty liability was discharged by the firm. M/s. Devta Steel Rolling Mills on the date when they issued the invoices. Therefore, we do not find any illegality in the .....

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