2007 (11) TMI 170

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.... P. Karthikeyan, Member (T)]. -1.  The captioned appeals filed by the Revenue relate to admissibility to Modvat credit where inputs are received on stock transfer without involving sale. 2. Heard the parties and the Departmental Representatives. 3. Appeal No. E/1197/2000. In this case the Commissioner (Appeals) had allowed Rs.83,874/- as Modvat credit where the respondents herein had....

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....d. [2003 (159) E.L.T. 571 (Tri.-Chen.)] the Tribunal had rejected the contention of the Revenue that credit could not be allowed against documents endorsed "Not for sale". It was held that once the duty paid nature of the goods was not under challenge and invoice contained the details prescribed by the Board, the credit had to be allowed. The impugned order rightly held that the respondents are el....

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....s.2.2 crores on the ground that the inputs had not been received by the appellant unit on sale. The orders impugned were passed relying on the decision of the Tribunal in Shivagrico Implements Ltd. v. CCE, Jaipur [2002 (149) E.L.T. 716 (Tri.-Del.)]. In the said decision dealing with the same Notification and similar facts, the Tribunal had decided that credit could not be denied to the appellants ....

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.... before us there is no dispute as to the receipt of inputs, quantum of inputs received, the duty paid nature of the goods and the genuineness of the duty paying documents. As regards the appeal seeking to deny Modvat credit to L&T Ltd. Pondicherry we find that the appellants had satisfied all the conditions prescribed in Notification No. 58/97-CX.,dt.30-8- 97 to be eligible for the disputed credit....