2000 (5) TMI 643

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....rm of the present appellant namely Star Filament Corporation. The goods were imported in 1994 vide Bill of Entry No. 37684/94, 43604, dated 29-8-1994 and 59991, dated 25-11-1994 at the Sea Port of Madras. 2. Heard Shri M. Kunhi Kannan, ld. DR for Revenue and Shri T. Ramesh, ld. Advocate for the appellants. 3. Ld. DR submits that on a perusal of the Bill of Entries now produced by ld. Advocate before us, the importer in the Bill of Entries noted above is M/s. Star Filament Corporation of Pondicherry whereas the goods were received by M/s. Swastik Filament Corporation. He submits that since the goods were imported by a different firm than where the goods were ultimately received and Modvat credit taken, therefore the Modvat cr....

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.... a unit of M/s. Star Filament Corporation. 5. Ld. Advocate, therefore, submits that all possible verifications to safeguard Revenue interest were carried out by the Jurisdictional Assistant Commissioner before he had dropped the proceedings against them. He further submits that the Commissioner (Appeals) has also upheld the Order-in-Original and has not been able to accept the contention that the Board's circular should be applied. Ld. Advocate submits that the original authority has relied upon the decision noted in the Order-in-Original to the effect that technical procedural irregularities should not be used to deny substantial benefit of Modvat credit. Further, ld. Advocate cites the decision of the Tribunal in the case of Pahar....