2009 (6) TMI 13

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....ut endorsed after that date would fall under the coverage of entry no.10 in the Table to the Notification No.16/94-CE(NT) dated 30.3.94 and would consequently become eligible documents for taking credit under the Modvat Scheme ?" Admittedly prior to Notification no.16/1994-CE(N.T.) dated 30th March, 1994 under Rule 57G of the Central Excise Rules, 1944, credit of modvat was given. As per the position prevailing prior to 30th March, 1994 when the purchaser re-sold input to third party, he would make an endorsement on the gate passes issued by the manufacturer of the input. Procedure was changed and in stead of endorsement on the gate passes, invoice was required to be produced as per the above referred Notification. Certain documents were p....

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....ransaction of sale or re-sale could take place any time prior to 30th June and on endorsement of same being made, benefit could be taken on or before 30th June, 1994. The language of the Notification nowhere requires that the endorsement should also be made before 1st April, 1994. According to the Revenue, endorsement should also have been made on the gate-passes on or before 1.4.1994. This objection was rejected by the Tribunal by observing that endorsed gate-pass is not comparable to the issue of gate-pass because what is mentioned in the proviso to the Notification is that documents should have been issued which only means gate-pass should have been issued on or before 1st April, 1994. In view of the language, there is no reason to read ....