TMI Blog1996 (2) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... l is whether Modvat credit is admissible to the manufacturer-appellants on the strength of gate passes issued by the supplier/manufacturer of the inputs which showed nil duty but containing a cross reference to the original gate pass under cover of which the subject goods had been cleared earlier before they were returned for repair, reprocessing etc. under the provisions or Rule 173H. The impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e name of the recipient of the reprocessed goods. He pleaded that the appeal may be allowed taking note of the factual position reflected in the said certificate in the light of the trade notice referred to by him. 2. Shri D.S. Mallick, learned Departmental Representative supported the impugned order and submitted that if Modvat Credit is allowed on the strength of the certificate and the nil du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les, 1944 (Bombay-I Collectorate Trade Notice No. 89/1989, dated 3-11-1989). Attention of the Trade is invited to this Collectorate Trade Notice No. 6/1988, dated 25-1-1988 under which instructions were issued regarding removal of inputs under Rule 57F(2) of the Central Excise Rules, 1944 for the purpose of repair, reconditioning etc. 2. It has now been decided that apart from sending the inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Total duty paid break-up (d) Duty paid through PLA (e) Duty paid through RG 23A Pt. II This cross-reference shall be on the body of the Nil duty GP.1 (Preferably on the adverse side) and shall be given under the signature of the Gate Pass issuing authority. A certified photocopy of the original GP. 1 (on which duty was paid at the time of removal from their factory) shall also be enclose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary to give a direction that apart from the certificate containing a cross reference to the original duty-paying document and the amount of duty paid thereon, it will be also necessary to obtain such original duty-paying documents also so that the same may be taken note of for the purpose of defacing the same and taking other steps necessary for ensuring that no credit is availed of on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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