1997 (10) TMI 242

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....nsultant, for the Respondent. [Order per : V.P. Gulati, Vice President]. -  The issue in the appeal relates to the benefit of Modvat credit in respect of goods which were received under the cover of endorsed invoice after 30-6-1994. The learned lower appellate authority has allowed the benefit of Modvat credit holding that duty paying nature of the goods was verifiable and therefore, th....

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.... He has pleaded that the proper course of action for them was to have, if they were working under Modvat Scheme, issued invoice as a dealer or to have reversed the Modvat credit taken for clearing the goods under Rule 57F(ii) procedure. He has pleaded that the earlier invoice which were issued ceased to be valid for movement of the goods. He has pleaded that there is no provision under the rules f....

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....the destination for which the invoice was prepared. Thereafter the goods became part of the mass of the goods in the country and the same could not be moved under the original invoice for Modvat purposes. The rules provide for movement of the goods after receipt in a particular unit by following Rule 57F procedure. If the goods were required in another unit, the transfer of the goods should have b....