1996 (3) TMI 188

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....JDR, for the Respondent. [Order]. -  Shri M.P. Devnath, learned Advocate appearing for the appellants states that the issue involved in the present case is whether Modvat credit is permissible in respect of imported goods on the strength of endorsed Bills of Entry to the extent of countervailing duty paid thereon. He refers to a series of Tribunal decisions on this issue, two of which a....

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....ill of entry could not be said to be evidencing payment of duty does not flow from the language of the relevant rule, namely 57G(2). The first proviso to sub-Rule 2 of that rule lays down that no credit shall be taken unless the invoice are received in the factory under cover of an invoice issued under Rule 52A AR-I, Bill of Entry or any other document as may be prescribed by the Central Governmen....

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.... for refund or he will not be applying for refund of countervailing duty before the Custom House, such an endorsement should constitute valid evidence at the hands of the manufacturer who has purchased such goods from such an importer. It may be open, no doubt, to the departmental authorities to satisfy themselves that where Modvat credit is claimed on the strength of such an endorsed bill of entr....