1998 (6) TMI 407

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....rounds. In an identical case of supply of raw material by Hindustan Zinc Ltd., Commissioner Appeal has allowed Modvat credit vide Order-in-Appeal No. 46/97, dated 11-4-1997. The Appellants case is covered by this decision. The appeal is, accordingly, allowed with consequential relief and Order-in-Original set aside." 2. The facts of the case are that the Respondents herein are engaged in the manufacture of wires, LPG Cylinders, self-closing valves of cylinders and pressure regulators. They are also availing the credit of duty paid on inputs under the Modvat scheme. The Department alleged that the assessee had taken Modvat credit amounting to Rs. 95,645/- on the strength of invoices on which duplicate for transporter was either stamp....

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....f M/s. L & T Limited. The ld. Counsel submits that Modvat credit is a substantial benefit and that the Tribunal has been consistently holding that substantial benefit cannot be denied because of procedural lapses. He submits that in their case, there has been no procedural lapse inasmuch as the issue involved is under Rule 52A. He further submits that 'marked', according to Dictionary meaning means writing in hand as also indicating the thing by rubber stamp. He submits that 'marked' is not confined to printing alone. He submits that in their case, the invoice was issued by the manufacturer and not by Registered dealer. Therefore, their case is fully covered by Rule 52A as amended. The ld. Counsel, therefore, submits that the impugned order....