2005 (11) TMI 160

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..... e is in appeal against the order of the Commissioner (Appeals), who has held that all the respondents herein are entitled to avail deemed credit on inputs received by them, at the rate of 12% of the invoice price as per Notification No. 58/97-C.E., dated 30th August, 1997. 2. We have heard the ld. SDR and perused the records, as none appears for the respondents in spite of notice. 3. We find t .....

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..... y cheque drawn on the assessee's bank account. Therefore, we agree with the ld. SDR that the Commissioner (Appeals) should not have held that the respondents are eligible to credit only for the reason that, they had made payment of invoice price through cheque. 4. In this view of the matter, we hold that the respondents are not eligible to deemed credit at the rate of 12% of the invoice price as .....

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