TaxTMI 
TaxTMI 
2010 (4) TMI 957
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....Written Submission, for the Respondent. ORDER M/s. Balaji Filaments are engaged in the manufacture of export of textile yarn fabrics, shirtings etc. They had taken Modvat credit of Rs. 12,18,385/-. Revenue is in appeal against the impugned order wherein the Commissioner has held that appellant is entitled to Modvat credit taken on the basis of provisionally assessed bill of entry introduced ....
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.... the contention of the Revenue that the Commissioner should have verified whether the bills of entry have been finally assessed or otherwise and therefore he has travelled beyond the directions of the Hon'ble Tribunal. 3. For better appreciation we reproduce the relevant portion in the order of the Tribunal remanding the matter to the Commissioner (Appeals). "5. In the instant case, the appe....
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....hat denial of Modvat credit on the ground that bills of entry were provisionally assessed and final assessment order was not produced even after five years, cannot be a ground for denial prima-facie. Thereafter the Tribunal observed that the Commissioner has failed to consider the fact that the proposal for denial of credit was on the ground that the bills of entry were endorsed. After making thes....
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....t where assessment is provisional credit can be denied. In this view of the matter we do not find any omission on the part of the Commissioner (Appeals) for having failed to verify whether the bills of entry have been finally assessed or not. It is very pertinent to note that even after more than ten years, the Revenue has not bothered to verify whether bills of entry have been finally assessed. T....