TMI Blog1998 (8) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... . Briefly stated the facts of the case are as follows :- 2. The applicant/appellant herein availed a Modvat credit of Rs. 24,090 on the strength of invoices without printed Sl. Nos. issued by a dealer as required under sub-rule 57GG of Central Excise Rules, 1944. 2. Ld. Chartered Accountant Shri O.P. Agarwal has submitted that this is only a procedural lapse. The duty paid character of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention, ld. JDR Shri Arunachalam states that Rule 57GG is a statutory rule. Sub-rule (5) clearly indicates as follows :- each invoice shall bear a printed Sl. No. running for the whole [financial] year beginning on the 1st [April] of each year. 3. Ld. JDR, therefore submits that the printing of Sl. No. on an invoice is a statutory requirement. This has been kept with a definite purpose sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enied by the lower authorities. 4. I have carefully considered the pleas advanced from both sides. In view of the facts and circumstances cited above by both sides, I am inclind to agree with the ld. JDR Shri Arunachalam. The Notification on which the ld. Chartered Accountant has relied itself states that the Invoice on which the Modvat credit has to be taken, should contain the details as presc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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