2000 (3) TMI 459

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ter 1-4-1994 and also on the ground that Modvat credit has been taken on the strength of invoices in the name of others. 2. The facts of the case are that the appellants are engaed in the manufacture of non-alloy/alloy steel wires. The appellants have been receiving wire rods direct from the manufacturers. In the invoice the name of the consignee was M/s. Hero Cycles, M/s. Munjal Steels etc. The appellants also received challans from M/s. Hero Cycles and M/s. Munjal Steels giving the particulars of the wire rods, their weight, rate of duty and the amount of duty paid. M/s. Munjal Steels and M/s. Hero Cycles were manufacturers and were already registered with the Department. The Department alleged that the appellant had wrongly avail....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....efore June'94. Ld. Counsel submits that in so far as credit taken on the strength of endorsed gate passes is concerned, the case is fully covered by number of decisions of this Tribunal starting with Haji Musa Patrawala reported in 1996 (83) E.L.T. 620. He submits that in so far as taking credit on the strength of challans is concerned; the case is fully covered by the circular of the Central Board of Excise & Customs referred to above. Ld. Counsel submitted that their case is fully covered by the decision of the Larger Bench of this Tribunal in para 10 of its order reported in 2000 (116) E.L.T. 364. He, therefore, prayed that the appeals may be allowed. 4. Shri R.D. Negi, Ld. DR submits that in so far as endorsed invoices are conce....