1998 (8) TMI 329

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....or the Appellants. [Order per : Gowri Shankar, Member (T)]. - The appellant manufactured prestressed concrete poles from out of raw material supplied by the Gujarat Electricity Board (GEB for short) to which it sold the goods. It took Modvat credit of the duty paid on cement and steel in the manufacture of these holes. Notice was issued proposing to demand the credit on two grounds - firstly....

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.... appellant in terms of Board's instruction. On going through copies of two gate passes it is found that in some cases gate passes have been endorsed to M/s. Prestcon, i.e. the appellant. Such documents are valid for taking credit. In some other cases the gate passes were endorsed by the GEB not to M/s. Prestcon but to Bhaikaka Trust. In the absence of substantiation I am not able to accept the con....