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TMI Blog1997 (4) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondents. [Order per : G.R. Sharma, Member (T)]. - This is the stay petition of M/s. Jaypee Rewa Cement. Ld. counsel arguing the stay petition submits that there are 2 issues involved in the appeal. First issue is disallowing Modvat credit taken on the strength of purchase invoices issued by the Satna Depot of the Indian Oil Corporation. He submits that the lower authorities have denie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t issued by registered person for sale of goods. He submits that this explanation is applicable only where a person purchases and sells the goods and not to manufacturers of goods. He submits that even if this explanation is extended to manufacturers then Indian Oil Corporation is a registered person. He submits that in view of these submissions Modvat credit was rightly taken by the appellants an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eposit the entire amount before hearing the appeal on merits. 4. Heard the submissions of both sides. On careful consideration, we find that on the first issue, that is, whether the Depot of Indian Oil Corporation is a Registered person for purpose of Notification No. 32/94-C.E. (N.T.) or not we find that Indian Oil Corporation is the manufacturer and was paying duty. Manufacture of furnace ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poration. Under the circumstances we agree with the contention of the ld. counsel that the invoices issued by the Depots are the documents prescribed by Notification No. 32/90. In the circumstances we dispense with pre-deposit of duty insofar as furnace oil is concerned. 5. On the 2nd issue whether Modvat credit was admissible on explosives used in mining the lime stone for manufacturing of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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