2001 (12) TMI 599

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....sh, Advocate, for the Respondent. [Order]. -  Matter is posted to hear the stay petition. On going through the issues involved herein, I find that the matter itself can be disposed off. Accordingly, stay application is hereby rejected and I proceed to pass this order. 2. The Assistant Commissioner has disallowed the Modvat credit to the extent of Rs. 36,302/- on the ground that ....

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....piece of legislation, the substantive benefit should not have been denied on procedural infractions. Further, in the case of invoices issued by M/s. BOC India Ltd., "First stage dealer" has been mentioned therein. There are plethora of case laws which hold that when there is substantial compliance with the provisions of the Modvat rules, Modvat credit should not be denied merely on technical mi....