2013 (3) TMI 502

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a, ASGI and R.C. Shukla, Senior Standing Counsel for the Petitioner. ORDER The present Appeal has been filed under Section 35G of the Central Excise Act, 1944 (hereinafter referred to as the 'Act') against the order dated 23-12-2004 and has been admitted by this court on the following Substantial Question of Law :- "(i) Whether deemed credit in terms of Notification No. 58/97, dated ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Modvat Credit/ Deemed Credit of Rs. 24,664/-. The Superintendent, Central Excise, Saharanpur found that Modvat Credit amounting to Rs. 24,664/- against the invoices issued by the manufacturers who cleared the goods under Section 3A of the Act, did not fulfil the condition as laid down under the Notification No. 58/97-C.E., dated 30-8-1997 issued under Rule 57A of the Rules as the invoices did no....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppeals) (Customs and Central Excise), Meerut who by the order dated 30-7-2003, confirmed the demand regarding the Modvat Credit. Feeling aggrieved, the respondent-assessee filed an appeal before the Tribunal, which was allowed by the order dated 23-12-2004 and addition was deleted. 3. We have heard Sri R.C. Shukla, learned Senior Standing Counsel appearing for the Department. 4. The learned ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t in dispute that the manufacturer from whom the respondent-assessee had purchased the inputs had paid only a part of the duty under the compounded scheme and was disputing its liability to pay the balance amount, but that would not come in the way of the respondent-assessee claiming the benefit of the Modvat credit in view of the notification dated 30-8-1997. Admittedly, part of the amount of the....