2016 (8) TMI 532

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ondent ORDER [ Order per: Sulekha Beevi, C.S.] This is an appeal filed by the Revenue challenging the order passed by Commissioner(Appeals) which set aside the confirmation of demand of CENVAT credit alleging that appellants had wrongly availed credit on the strength of endorsed Bills of Entry. 2. The appellants were served with the show-cause notice dt. 26/08/2011 proposing to recover....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....akheteshim Agan India Pvt. Ltd., Hyderabad (importer) under invoice and the importer had endorsed Bills of Entry in the name of the appellant. The appellant had also furnished copy of TR6 challan evidencing payment of Customs duty. It is the case of the Department that the appellants are not entitled to avail credit of CVD, SED and SAD on the strength of endorsed Bills of Entry for the reason that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt and he issued a commercial invoice in which all the particulars of details of duty, description goods, name and address of factory are all shown. On such invoice the goods were received with the factory and the appellants accounted in their book and availed credit. It is seen from records that the appellants have furnished along with these endorsed Bills of Entry, the invoices issued by the imp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iteria for denying Modvat credit, specially in view of the Circular dt. 01/03/1999. Since in the present case, the Bill of Entry was made by M/s. Frito Lay India in favour of the respondent, thus Modvat credit could not be denied to the respondent. 7. In view of the above, we are of the considered opinion that the Tribunal was correct in allowing the Modvat credit on the capital goods rec....