2005 (11) TMI 421

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....Shri Ajay Saxena, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - In this case, Modvat credit of Rs. 18,89,616/- (Rupees eighteen lakhs eighty-nine thousand six hundred sixteen only) has been disallowed on the ground that the credit was availed on the strength of an endorsed bill of entry which was not a valid duty paying document for the purpose of taking credit in....

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....y. He also relies upon the Tribunal's orders in CCE, Jamshedpur v. TISCO - 2001 (137) E.L.T. 562 and Mark Auto Industries Ltd. v. CCE, Delhi - 2003 (159) E.L.T. 311, to substantiate his contention that credit is admissible on the strength of endorsed bill of entry. 4. However, we find that the facts in the two decisions relied upon by the leaned Counsel are different from those in the presen....

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....l of entry, which is on the letter head of M/s. German Remedies Ltd., is to the effect that "We intend availing ourselves of 'MODVAT' under Rule 57-A of the Central Excise Rules 1944 in respect of the goods covered by this Bill of Entry." Similar endorsement appears in all the bills of entry on the strength of which credit was availed. 5. We, therefore, agree with the learned SDR that the de....