2004 (1) TMI 578

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....Alok Arora, Advocate, for the Respondent. [Order]. -  Examined the records and heard both the sides. Deemed Modvat credits totalling to Rs. 5,59,280/- were denied to the respondents by the original authority and a penalty of Rs. 30,000/- was imposed on them by that authority. That was on the ground that the input-supplier has not discharged duty liability in full in respect of the input....

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....laration by the input-supplier, anything more required to be done by the respondent to be eligible for deemed Modvat credit in respect of the inputs covered by the invoices. This question has been settled in favour of the assessee by the High Court of Punjab & Haryana in the case of Vikas Pipe v. CCE, Chandigarh [2003 (158) E.L.T. 680 (P&H) = 2003 (59) RLT 979 (P&H)]. The ratio of the High Court's....

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....n that the assessee has to lead evidence to show that the supplier had discharged its excise duty liability, we are clearly of the view that the Tribunal was in error in disallowing the Modvat credit to the assessee. Consequently the aforesaid question which arises from the order of the Tribunal is answered in favour of the assessee and against the Department holding that the assessee in the circu....