2001 (7) TMI 200

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....& Steel Products falling under Chapter 72. They availed Modvat facility under Rule 57A of the Central Excise Rules, 1944. They availed Modvat credit of Rs. 67,724/- and Rs. 81,592/- on the strength of the invoices issued by M/s. Achal Investments Ltd. However, the same is denied to them by the Deputy Commissioner of Central Excise, Faridabad vide her orders dated 31-3-1997 and 28-2-1997 respective....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....it of the aforesaid amounts have been denied to the appellants. 2. The party filed appeals but the same are rejected by a common order dated 17-6-1999 passed by the Commissioner (Appeals), New Delhi. The Commissioner (Appeals) in her order in turn has observed that the explanation inserted in Notification No. 32/94-C.E.(N.T.) vide Notification No. 14/95-C.E.(N.T.) is very categorical that an in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... He also referred to the decision of the Tribunal in the case of Meenakshi Steel Re-Rolling Mills - 2000 (91) ECR 200 (T) in which reliance is placed on the Board's Circular No. 267/63/97-CX, dated 9-9-1997 in which it has been clarified that the definition of "sale and purchase" under Section 2(h) of the Central Excise Act, 1944 means transfer of possession of goods by one person to another in t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sideration on the same lines. Shri Swatantar Kumar, JDR however reiterates the findings arrived at by both the lower authorities and contends that the order passed by them may be confirmed and the appeal rejected. 4. I have considered the submissions made before me. It is observed that in the present case, the Modvat credit is denied to the appellants only on the ground that no sale is involved....