TMI Blog1996 (2) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants have contested the decision of the Collector (Appeals). The Collector, in his order, had agreed with the detailed reasoning and decision of the Asstt. Collector. The Asstt. Collector had held that a Bill of Entry for home clearance was required to be filed by the importer and therefore, the person in whose name the Bill of Entry is, can only take modvat credit. The Asstt. Collector obser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of Entry for the entire quantity of the fibre in favour of M/s. Filament India Ltd. On receipt of the entire consignment, the appellants took modvat credit. This credit was denied to the appellants as indicated in the preceding paragraph and hence the appeal before the Tribunal. 3. Shri M.P. Devnath, the learned Counsel appearing for the appellants submitted that there is a catena of judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties. 5. Heard the submissions of both sides. I find that the entire consignment imported under the relevant Bill of Entry was endorsed in favour of the appellants. The Bill of Entry is a duty paying document. The only pre-requisite for taking credit was the verification of the quantity indicated in the endorsed Bill of Entry is received in the premises of the appellants who took Modvat credit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods, or is otherwise not entitled to Modvat credit on duty paid on them. The goods having reached the appellant s company accompanied by a bill of entry, the requirement of Rule 57G of the Central Excise Rules is therefore, satisfied. In the circumstances, we are of the view that credit should not be denied merely because the appellant has not satisfied a procedural condition imposed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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