2002 (1) TMI 494

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....pplication prays for waiver of pre-deposit and stay of recovery in respect of the duty and penalty amounts covered by the impugned order. 2. There is no representation for the applicants today in spite of notice. The respondent is represented by ld. JDR. As this matter has stood adjourned from time to time at the instance of the applicants. I am not inclined to grant any further adjournment in this matter, nor is there any written request for adjournment on record either. 3. Ld. JDR, Shri R.C. Sankhla submits that the deemed Modvat credit in question has been denied to the assessee on the ground that the duty liability in respect of the inputs on which the credit has been denied was not discharged by the input-manufacturers. He ....

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....pounded Levy Scheme under Section 3A of the Act) by an assessee intending to take deemed Modvat credit on the goods shall be deemed to be duty-paid for purposes of the Scheme covered by the Notification. It is a substantive provision of the scheme that is contained in para 2 ibid. What is contained in para 4 ibid, cited by ld. DR, is a condition which requires that the inputs must have been directly received by the Modvat-taking manufacturers from the input-manufacturers and that the invoices issued by the input-manufacturers should contain a declaration to the effect that appropriate duty of excise has already been paid on the goods. This condition has two parts. The first of these insists on receipt of the inputs directly by the credit-ta....