2007 (1) TMI 93

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....sioner (Appeals), revenue has filed the present appeal. 2. After hearing both sides, I find that the short issue involved is as to whether the respondents are entitled to avail the benefit of Modvat credit on the basis of endorsed Bill of Entry or not. While allowing the appeal, the Commissioner (Appeals) has observed as under  "I have carefully gone through the case records as well as ....

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....t the appellants have received and used 663.180 mts. of the shredded scrap received under Bill of Entry No. 19 dated 5-7-89 for the manufacture of iron and steel products. In such circumstances, the receipt and use of the 663.180 mts. of shredded scrap received under the impugned bill of entry is not in dispute. The duty paid character of the goods is also not in dispute. In this regard, the Tribu....

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....odvat credit of Rs. 2,130/- is also admissible. In view of the above, there is no merit in the stand of the department". 3. As against the above observation, I find that the revenue has not challenged the fact of duty paid character of the inputs, their receipts in the assessee's factory and utilization of the same in the manufacture of the final products. They have assailed the order on the te....