TaxTMI 
TaxTMI 
1998 (2) TMI 261
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....ent. [Order]. - The Commissioner (Appeals), under the impugned order disallowed the Modvat credit on the ground that the deemed credit cannot be claimed at a later stage. Being aggrieved by this order, the appellants have filed the present appeal. 2. The facts are that the appellants are engaged in the manufacture of re-rolling materials. They are obtaining raw materials from M....
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....eemed Modvat credit to the appellants. 3. Shri A.S. Monappa, learned Counsel appearing for the appellants submits that the appellants had taken the credit on the strength of the challans issued by the supplier (M/s. RIN). He submits that these challans indicated gate passes number as also the duty paid and the duty paid during the material period on the inputs was at a specific rate fallin....
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....ake and that the lower authorities have wrongly held that Modvat credit was not admissible to the appellants. The learned Counsel for the appellants submits that his alternative plea is that even if Modvat credit was not permissible on the strength of the duty paying documents the appellants are entitled to the benefit of deemed Modvat credit in terms of the Govt. of India Order during the materia....
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.... benefit on the re-rolling material under the Govt. of India order taking it as deemed Modvat credit. On careful consideration of the submissions and on going through the records placed before me I find that there is no allegation about the nature of the documents produced on the strength of which Modvat credit can be taken. I also note that during the material period involved there were certain i....