1998 (5) TMI 246

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....ndent. [Order]. - This appeal from the Revenue was admitted and was taken up for final hearing with the consent of both the parties. 2. The assessees had taken Modvat credit on the basis of two invoices both dated 27-9-1994 issued by M/s. SAIL. These invoices were marked as "Customer/Transporter". After issue of a show cause notice and after hearing the assessees, the Assistant Colle....

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....Khair, ld. Advocate for the Respondents. 4. On the date, when these invoices were issued, Rule 52A prescribed that the duplicate copy of the invoice issued by a manufacturer from his factory or his warehouse should be marked "duplicate for transporter" which was to be used for taking credit under Rule 57G or Rule 57T. The subject invoices were issued by the stock yards of the SAIL. It is n....

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....king credit. This was later done by way of insertion of sub-rule 4(a) vide Notification 2/95-C.E. (N.T.), dated 19-1-1995. 6. Shri Tilak, Id. DR submits that the circular relied upon in the appeal memo was issued by the CBEC in terms of sub-rule (4) of Rule 57GG. I have seen this circular as extracted at pages 322 and 323 of volume 74 of the E.L.T. as also at page 468 of Taxman's Modvat 19....