2001 (8) TMI 1255

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....ingh, JDR, for the Respondent. [Order]. - The Commissioner (Appeals) in the impugned order had held that, "The law requires and envisages submission of various returns in order to check the veracity of the documents on the basis of which Modvat is being taken. If such veracity of documents is not made, a reasonable doubt arises regarding the correctness of the amount of Modvat taken. This ca....

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....e been paid on the inputs." Accordingly, the Commissioner (Appeals) rejected the appeals of the appellants. 2. The facts of the case in brief are that the appellants manufacture cold rolled strips. They are purchasing hot rolled strips from M/s. TISCO. The department alleged that the appellants had wrongly availed Modvat credit of Rs. 1,61,447/- during the period from January, 1995 to May,....

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....f the registered dealer, the appellants cannot be penalised by disallowing Modvat credit. Ld. Counsel submits that their case is fully covered by the decision of this Tribunal in the case of CCE v. M/s. K.E.C. International Limited contained in Final Order No. A/1735/2000-NB, dt. 24-8-2000. Ld. Counsel submits that this Tribunal in para 4 of its judgment held that, "I have considered these submiss....

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....tly allowed to them by the lower appellate authority." Ld.Counsel submits that in view of the above decision of the Tribunal, the appeal may be allowed. 4. Shri J. Singh, ld. DR submits that the supplier of the inputs material had not acted properly inasmuch as they had not produced the transporter's copy of invoice while receiving the goods from the manufacturer; that it was necessary for....