2001 (2) TMI 716

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....in, JDR, for the Respondent. [Order]. - The issue involved in this appeal, filed by M/s. Insulators and Electricals Co. is whether the Modvat credit is available to them on the basis of Gate pass after 30-6-1994. 2. Shri A. Ansari, ld. Advocate, submitted that before the introduction of invoice, the excisable goods were cleared from the factory under GP-I; that the Gate Passes remain....

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....r the Tribunal was right whether the Modvat credit is available on the strength of gate passes ever after 30-6-1994. 3. Opposing the arguments, Shri A.K. Jain, ld. DR, mentioned that under Rule 57G Modvat credit cannot be availed unless the inputs are received in the factory under the cover of specified duty paying documents; that gate pass was not one of the specified duty paying document....

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....ent of duty on the inputs as prescribed by Rules is not a technically to be complied with for availing Modvat credit.... When a particular thing is directed to be performed in a manner prescribed by Rules, it should be performed in that manner itself and not otherwise." Proviso to Rule 57G(2) clearly specified the documents on the basis of which Modvat credit could be availed of by any manufacture....