TaxTMI 
TaxTMI 
1998 (2) TMI 181
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....Roy, JDR, for the Respondent. [Order]. - Short question involved herein is whether the benefit of Modvat credit can be allowed in respect of Gate Passes issued by the supplier of the input to the appellant herein after 1st April, 1994. But the Modvat credit has been taken in September, 1994 and November, 1994. 2. Ld. Advocate, Shri A. Bose has submitted that the lower authoriti....
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....cise Rules, 1944, the Central Board of Excise and Customs has prescribed the invoice/document issued by - (i) A manufacturer from his factory; (ii) A manufacturer from his depot; (iii) A wholesale distributor/dealer of the manufacturers; or (iv) An importer from his godown, as valid document for the purpose of allowing Modvat credit provided such invoices contain....
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....dvocate submits that the terms of the Circular are very clear that any document issued by a manufacturer is a proper document for taking Modvat credit, so long as the Modvat credit is taken before 31st December, 1994. He, therefore, submits that the terms of this Circular issued by the Board in terms of the provisions of Rule 57H are fully satisfied and, therefore, the Modvat credit should have be....
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....e Central Board of Excise & Customs as valid documents under Rule 57G. The date of prescription by CBEC has not been given in the Circular. Therefore, there is no dispute that Gate Pass at one time or the other was a valid document, namely before 1-4-1994. The Circular dated 8-11-1994 of the CBEC of aforesaid is transitory provisions caused by introduction of new method i.e. invoices treated as va....