2010 (9) TMI 949

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....odia, Advocate, for the Respondent. ORDER We have heard both sides. 2. The brief facts of this case are that an amount of about Rs. 10,00,000/- (rupees ten lacs) was claimed as Modvat credit by the respondent-assessee. Out of the aforesaid amount of Rs. 10,00,000/- (rupees ten lacs), a sum of less than Rs. 5,00,000/- (rupees five lacs) was claimed on the strength of certain invoices,....

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....the said Rule provides for Modvat credits in these words : "Every manufacturer intending to take credit on the duty paid on inputs..." 6. Placing reliance upon the underlined words, it has been urged that unless the duty has been paid on inputs, no Modvat credit can be availed by the assessee. 7. This argument does not appeal to us. Once a buyer of inputs receives invoices....

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....he Tribunal in the case of IDL Chemicals Ltd. v. Commissioner of Central Excise, as reported in 1996 (88) E.L.T. 710 (Tribunal). 9. The aforesaid decision does support the department directly, but, we are of the opinion for the reasons given above, that the decision of the Tribunal is not correct. We, therefore, decline to interfere on the aforesaid point with the impugned order of the Tri....