2002 (1) TMI 1066

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....art of the aforesaid credit was taken in August, 1994 on the strength of invoices issued under Rule 57GG by M/s. Hindustan Petroleum Corporation Ltd. (in short, HPCL) as dealers and that the said invoices contained all the necessary particulars relating to the respective invoices issued under Rule 52A by M/s. Indian Oil Corporation Ltd. (in short, IOCL) as manufacturers of the goods. Ld. Counsel refers to the copies of the HPCL invoices available on record and submits that these documents are valid documents for the purpose of availment of Modvat credit. Ld. Counsel further submits that another part of the Modvat credit was taken on the strength of invoices issued under Rule 57GG by M/s. Visvesvaraya Iron & Steel Ltd., a subsidiary of the S....

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....light of decisions of this Tribunal. Yet another part of the Modvat credit was taken on the strength of an invoice issued by M/s. Gordhan Das Rathi Steels Ltd. in respect of TOR steel treated as capital goods. Counsel submits that TOR steel was used for fabricating the foundation for forging hammer, which was a part of the manufacturing plant. TOR steel was, therefore, an eligible capital goods for Modvat credit under Rule 57Q. Both the lower authorities denied the credit, holding that the TOR steel was not eligible for capital goods credit. In this connection, Counsel relies on the decision of this Tribunal in CCE, Jaipur v. J.K. Cement Works - [2000 (125) E.L.T. 480 (Tribunal)]. In support of his earlier submissions relating to the Modvat....

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....odvat credit. It also bears a certificate to the effect that excise duty has been paid on the goods at the specified rate. The gate pass number and date are also noted in the certificate. The details such as amount of duty, quantity of goods etc. are also available in the challan. The definition of 'invoice' includes challans also vide Rule 52A. Therefore, these delivery challans issued by M/s. Visvesvaraya Iron & Steel Ltd. ought to have been accepted as a valid modvatable documents and the credit allowed. The credit taken on the strength of these documents is, therefore, held to be admissible. As regards the credit taken on the basis of the delivery challan-cum-invoice (Sales tax copy) issued by M/s. Castrol India Ltd., I find that all th....