1998 (5) TMI 228

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....er]. - This is an application for reference seeking the opinion of the High Court at Ahmedabad on the following question. "Whether gate passes issued prior to 1-4-1994 but endorsed after that date would fall under the coverage of Entry No. 10 in the table to the Notification No. 16/94-C.E. (N.T.), dated 30-3-1994 and would consequently become eligible documents for taking Modvat credit under....

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....hmedabad in favour of Kamaldeep Industries. The goods were delivered to the respondents on which the assessees have taken the credit which they were not eligible under law. It is the contention of the appellants before the Assistant Collector that GP 1 1607 had been endorsed in favour of Kamaldeep Industries on 31-3-1994 by Suhas Textiles who received the fabrics from Orissa Synthetics Ltd. Therea....

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.... P. Ltd. 1996 (83) E.L.T. 620 which had held that if the entire goods covered by the gate pass issued prior to 31-3-1994 are transferred by way of sale under endorsed gate pass and the credit is made prior to 30th June, 1994 no objection can be taken. He allowed the appeal holding that the transfer of the goods shall be governed by the Notification 15, permitting the benefit of credit on gate pass....