2003 (10) TMI 184

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....Modvat credit of Rs. 79,300/- in respect of Jet dying machines. The credit has been taken on the basis of original copy of invoice, which is not valid document for availing Modvat credit. The original authority has disallowed the credit on the following grounds :- (i)         They availed and utilised Modvat credit on the basis of original invoice even be....

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....denied the credit, not on the basis of his subjective finding that such a loss has occurred, but on the ground that transporter ought to have taken suitable measures to avoid this loss. The loss in transit itself is not disputed. The order in appeal, however, asserts that prior permission is required and post facto condonation is not permissible. This finding cannot be supported as only requiremen....