TaxTMI 
TaxTMI 
2001 (8) TMI 538
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..... - The adjudicating authority disallowed Modvat credit to the extent of Rs. 27,718/- to the appellants and imposed on them a penalty of Rs. 5,000/-. The lower appellate authority set aside the penalty but upheld the order of the adjudicating authority disallowing the Modvat credit. Hence the present appeal of the assessee before the Tribunal. 2. Examined the records and heard both si....
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....or the whole year beginning on 1st April. There was no requirement of any 'pre-printed' serial number on any invoice. Ld. Counsel further submits that the serial number on each of the invoices in question was printed through computer and hence the document was squarely covered by the requirements of Rule 52A/57GG. Counsel has also relied on the Tribunal's decision in the case of Shiv Shakti Tubes ....
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....ub-rule (6) of Rule 52A at the material time. Similar requirement in respect of invoices to be issued by a dealer was laid down under the sub-rule (6) of Rule 57GG at the material time. Both those provisions required an invoice to bear a "Printed" serial number. Neither the expression "pre-printed" was used in those provisions, nor did any of those provisions prohibit computer-printing of serial n....
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....be disposed of on the basis of the above instructions. I find that, in the instant case, the show-cause notice was issued and adjudicated prior to the Board's circular. However, the assessee's appeal against the order of adjudication was disposed of by the Commissioner (Appeals) long after the Board circular was issued. The lower appellate authority ought to have followed the instructions of the B....