2005 (10) TMI 109

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....revenue has proposed the following three questions : 1. Whether the amount paid in exeess by the supplier unit which is to be treated as Deposit can be allowed as Modvat credit to the recipient unit especially when the Modvat Credit Rules permit to avail the credit only on Excise duty paid by the supplier unit. 2. Whether the Tribunal could have allowed the credit of deposit in contravention....

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....ch was in excess than the prescribed rate. The goods received by the  assessee from the said supplier were accompanied by duty paid documents and on the basis of the same the assessee had availed of Modvat credit. The Tribunal has recorded that the assessment of the assessee cannot be disturbed without, in the first instance, disturbing the assessment of the supplier. As the facts reveal, it ....