2001 (12) TMI 146

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....uty and penalty I take up the appeal itself as the issue lies in a narrow compass and is already settled in favour of the appellant by the various precedent decisions of the Tribunal. 2. Modvat credit has been denied to the appellant on the ground that the same has been availed on the basis of the invoices issued by the first stage dealer which carry rubber stamp indicating the 'first stage dea....

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....in bold capital letters as first stage dealer (emphasis supplied). As such he submits that the requirement of the rule is only marking which can be done either by rubber stamping or by pre-printing. In contrast to the said Sub-rule 5(b), Sub-rule 6(i) of Rule 57GG requires the invoices to be printed with serial number. As such he submits that a comparison of the said rules of 57GG makes it clear t....

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....dered the submissions made from both the sides. Apart from the fact that the earlier decisions of the Tribunal cover the issue involved in favour of the appellants, I find that even the Board's Circular takes note of the fact that the assessees would be having huge stock of stationery already printed and as such they should be allowed to use the same with the help of rubber stamping or typewriter.....