2005 (11) TMI 160

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....nbsp; [Order per : Jyoti Balasundaram, Vice-President]. - The Revenue is in appeal against the order of the Commissioner (Appeals), who has held that all the respondents herein are entitled to avail deemed credit on inputs received by them, at the rate of 12% of the invoice price as per Notification No. 58/97-C.E., dated 30th August, 1997. 2. We have heard the ld. SDR and perused the records....

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....nvoice price of the inputs was made directly to the inputs manufacturer by cheque drawn on the assessee's bank account. Therefore, we agree with the ld. SDR that the Commissioner (Appeals) should not have held that the respondents are eligible to credit only for the reason that, they had made payment of invoice price through cheque. 4. In this view of the matter, we hold that the respondents ar....