1997 (8) TMI 183

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.... Shri D. Gurnani, JDR, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - The appeal is against the order captioned above, whereby Modvat credit on imported inputs has been denied on the ground that the Bill of Entry under cover of which the inputs had been received is not a valid duty paying document under Rule 57G of the Central Excise Rules, 1944. Since the issue lies in....

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....try, wherein the materials are purchased on high sea sale basis. The prescribed procedure required that the importer should endorse all copies of Bill of Entry to the effect that the entire consignment covered under the Bill of Entry has been sold, and the actual user should inform the Assistant Commissioner that they have purchased such goods. There should be the further endorsement supporting th....

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.... the Customs on the Bill of Entry is a necessary requirement in the absence of which the Bill of Entry cannot be accepted to be a valid duty paying document for taking Modvat credit. 4. We have carefully considered the submissions made by both the sides. The appellants have produced the High Sea Sale agreement between them and the importer M/s. Vimal Metal Corporation which is dated 17-10-....

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....al of the goods on High Sea Sales, the actual user shall arrange clearance of the goods from Customs has risk and responsibility. All the charges, demurrage etc. will be borne by the buyer and paid directly to the Customs or the clearing agent. Admittedly there is the endorsement by the importer on the reverse of the Bill of Entry to say that the goods covered under the Bill of Entry, full quantit....