2003 (7) TMI 208

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....strong case on merits. Therefore, stay application is allowed. 2. I have heard arguments of both sides and in my view, the appeal itself can be disposed of. 3. The only issue involved in the present appeal, relates to the availability of the Modvat credit of the amount in question (Rs. 1,24,586.42) to the appellants. The authorities below have disallowed this Modvat credit on the ground that....

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....ng the goods. 5. On the other hand, the learned SDR has vehemently contended that since trader was not entitled to take credit for having failed to produce duplicate transporter's copy, no Modvat credit could be further passed on, to the appellants, by him. She has further contended that show cause notice was issued to the trader proposing denial of Modvat credit to him and the Modvat credit ha....

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....t the purchaser of the goods is not required to ask for or look into the duplicate copy of transporter issued by the manufacturer to the trader. The procedure detailed in this rule, is required to be followed by the trader while supplying the goods to the buyer. The buyer is only required to see the dutiable character of the goods and the registered dealer has to issue invoice under the said rule,....

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....ssed against the trader lateron, though there is nothing on the record to show that it had been actually passed, is not binding on the appellants being not party to the proceedings and also for the reasons discussed above. 8. The learned SDR has also referred to two Board circulars, one dated 13-2-95 No. 96/7/95-CX and another dated 2-3-95 No. 107/18/95-CX, to contend that the appellants could ....