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2010 (6) TMI 709 - AT - Central ExciseCENVAT credit - duty paying documents - denial on the ground that appellants had wrongly availed cenvat credit on the basis of non-cenvatable invoice issued by the contractor which was not valid document in terms of Rule 7 of the CCR, 2002 and Rule 9 of the CCR, 2004 - it was the case of the appellants that the goods were imported for the appellants factory and were routed through Mitsui only for convenience. The payment through Mitsui was reimbursement of the cost of the equipments and therefore credit was correctly availed - Held that: - the credit is taken not because of endorsement but on the basis of bill of entry which also disclosed the name of the appellant, apart from the fact that the goods accompanying the Bill of entry were subjected to the payment of duty, and on clearance, were directly transported to the appellant’s factory premises and were utilized by the appellants for installation of their factory, and no credit in respect of duty paid on those goods was taken by the contractor - also, the effect of endorsement is only to amend the name of consignee and nothing more. And, it is not the case of the department that on endorsement of the Bill of entry in favour of the appellant, it was, in any manner, rendered to be invalid document or that the import under such document become unlawful. Credit allowed - decided in favor of assessee.
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