2002 (11) TMI 226

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....nt to them. Accordingly I have heard Shri A.K. Mondal, ld. SDR appearing for the Revenue. 2. As per the facts on record show cause notice was issued to the respondents proposing denial of Modvat credit of Rs. 26,579/-(rupees twenty-six thousand five hundred and seventy-nine) availed by them on the original copy of the invoice dt. 24-6-94. On adjudication, the Asstt. Commr. held that he was satisf....

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.... denial of MODVAT credit was that the respondent took the credit against the original copy of invoice instead of duplicate copy as envisaged under the law. However, the Adjudicating Authority allowed the credit as he found that duty paid nature of inputs, its receipt in respondents' factory and use in manufacture of final products were not disputed. It is further observed that the respondent also ....

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..... 5. As rightly observed by the appellate authority, it is the satisfaction of the Asstt. Commissioner about the loss of the duplicate copy of the invoice, which is envisaged by the Rule 57G(2A) and the adjudication order having been passed by the Asstt. Commissioner on his being satisfied, cannot be considered to be unjustified order. The Revenue's grievance is that the assessee should have take....