2007 (9) TMI 152

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....fied certain inputs for the purpose of credit of duty under Modvat scheme. The said notification is reproduced below :- "Notification No. 58/97-CE., dated 30-8-1997 is extracted thereunder for ready reference : Iron and steel-Goods notified for purposes of credit of duty under Modvat In exercise of the powers conferred by sub-rule (6) of Rule 57A of the Central Excise Rules, 1944, the Central Government hereby declares the following inputs and the final products falling within the Schedule to the Central Excise Tariff Act, 1985 (5) of 1986) namely :- Inputs : Hot re-rolled products of non-alloy steel falling under subheadings Nos. 7211.11, 7211.19, 7211.30, 7211.52, 7211.59, 7211.60, 7211.92, 7211.99, 7213.90, 7214.90, 7215.90, ....

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....ls of drawback allowed under the Customs and Central Excise Duties (Drawback) Rules, 1971, or claims rebate of duty under rule 12 in respect of such duty. 4. The provisions of this notification shall apply to only those inputs which have been received directly by the manufacturer of the final products from the factory of the manufacturer of the said inputs under the cover of an invoice declaring that the appropriate duty of excise has been paid on such inputs under the provisions of Section 3A of the said Act. 5. The provisions of this notification shall not apply to inputs where the manufacturer of the said inputs has not declared the invoice price of the said inputs correctly in the documents issued at the time of their clearance fr....

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....uct (respondent) to the manufacture of the inputs. Further, the cheque has to be drawn on the bank account of the manufacturer or by bank draft or by bankers' cheque. This condition has also not been complied with. When these conditions are not complied with, the credit cannot be claimed. Therefore, it was urged that the original authority was right in disallowing the credit. Further, it was argued that the Commissioner (Appeals) has erred in holding that procedural instructions cannot be bar for denial of substantial benefit of credit under the Modvat scheme. In this connection, Revenue relied upon the decision of the Tribunal in the case of CCE, Ludhiana v. Punia Engg. Company reported in 2004 (175) E.L.T. 582 (T), wherein similar issue w....