2005 (11) TMI 421

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....ala, Advocate, for the Appellant. 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 docu....

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....ase the document is an endorsed bill of entry. 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 ....

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.... and the declaration on the reverse of the bill 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, t....