1997 (4) TMI 170

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....i V.R. Sethi, JDR, for the Respondents. [Order per : G.R. Sharma, Member (T)].-  Ld. Collector (Appeals) held that Modvat Scheme does not envisage availing credit on the basis of any documents other than original duty paid documents; that in the absence of this Modvat credit cannot be allowed. The Ld. Collector (Appeals), therefore, confirmed the order of the Assistant Collector. The As....

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....s should not be denied and the amounts should not be recovered from them. The appellants in reply to the Show Cause Notice submitted that they had quadruplicate copy of the Bill of Entry which among other particulars also indicated the quantum of duty paid as CVD. The appellants also referred to the Trade Notice of the Bombay Customs House which authorised taking Modvat credit on the strength of p....

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....l for purposes of Rule 57G(4) and, therefore, there cannot be any objection to accept quadruplicate copies of Bill of Entry for purposes of Modvat credit. She submits that all particulars of payment of duty under customs authentication are available in the quadruplicate copy of the Bill of Entry. She submits that since quadruplicate copies of the Bill of Entry was produced the taking of Modvat cre....

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....n the strength of photostat copy of the triplicate Bill of entry. When the Department objected they executed an indemnity bond to indemnify the loss in case anybody else takes Modvat credit on the strength of the triplicate copy of the Bill of Entry. The appellants also produced quadruplicate copy of the Bill of Entry. We note that in the quadruplicate copy of the Bill of Entry the amount of CVD p....