1998 (8) TMI 279

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....hri T.A. Arunachalam, JDR, for the Respondent. [Order]. - Briefly stated the facts of the case are as follows :- 2. The applicant/appellant herein availed a Modvat credit of Rs. 24,090 on the strength of invoices without printed Sl. Nos. issued by a dealer as required under sub-rule 57GG of Central Excise Rules, 1944. 2. Ld. Chartered Accountant Shri O.P. Agarwal has submitte....

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....w of the foregoing submissions the appeal be allowed. Opposing the contention, ld. JDR Shri Arunachalam states that Rule 57GG is a statutory rule. Sub-rule (5) clearly indicates as follows :- "each invoice shall bear a printed Sl. No. running for the whole [financial] year beginning on the 1st [April] of each year." 3. Ld. JDR, therefore submits that the printing of Sl. No. on an invoic....

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....d together. He, therefore, submits that the Modvat credit has been rightly denied by the lower authorities. 4. I have carefully considered the pleas advanced from both sides. In view of the facts and circumstances cited above by both sides, I am inclind to agree with the ld. JDR Shri Arunachalam. The Notification on which the ld. Chartered Accountant has relied itself states that the Invoi....