1997 (9) TMI 327

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....ran, Counsultant, for the Respondent. [Order per : V.P. Gulati, Vice President]. - The issue in the appeal relates to grant of Modvat credit in respect of inputs which were received under the cover of an invoice which had been endorsed in favour of the respondents. 2. The learned JDR for the department has pleaded that under Rule 57G the endorsed invoice had not been notified as a va....

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....and the real sale was only effected by M/s. Reliance Industries Ltd., who had endorsed the invoices in favour of the respondents. He has pleaded that the issue stands covered in favour of the assessee by the orders of this Tribunal in the case of Hyderabad Chemical Supplies Ltd v. CCE vide order No. 57/96, dated 2-1-1996. In this case, in paras 2 & 3, the tribunal held as follows :- " After hea....

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.... or implication in the above case. Therefore in the above circumstances following the ratio of the Bench in similar circumstances referred to supra and also keeping note of the implication of Notification No. 21/94, dated 12-5-1994 and in the facts and circumstances of the case, we hold that the invoices issued by the appellants are valid for the purpose of availment of Modvat credit. In the resul....

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.... for taking Modvat credit till 30-6-1994. We have taken a view in the event where the gate passes were endorsed once and which were acceptable prior to 1-4-1994, the same would also be valid document for the purpose of taking Modvat credit till 30-6-1994. The invoices were substitute documents for the Gate Passes and therefore we have held in our earlier decisions that what was applicable to the g....