2004 (2) TMI 227

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....appellants is directed against the denial of refund of Rs. 1,82,349.94. It is noted that the appellants were issued a show cause notice dated 26-10-1994 seeking recovery of credit of Rs. 1,82,349.94 taken by them during the month of May 94 to June 94 pointing therein certain defects in the duty paying documents. Appellants took credit on the basis of zerox copy of invoice is one of the defects. Th....

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....invoice, is not in the assessee's name. The second objection is relating to the endorsement made on the reverse of the manufacturer's invoice issued after 1-4-94, in favour of the appellants. Therefore, the second ground though not specifically mentioned in the show cause notice, seems to be that, being an endorsed invoice issued after 1-4-94, the same is not permissible. 5. It is to be noted t....

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.... As can be seen from the facts of the case, the issue is not that of availment of Modvat credit on the basis of endorsed invoice as erroneously made out in the orders of the lower authorities. Once, this position is accepted, then the only other requirement that needs to be examined is as to whether or not, the dealer's invoices satisfy the requirements of permitting credit. Since no ineligibility....