TMI Blog2001 (2) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... involved in this appeal, filed by M/s. Insulators and Electricals Co. is whether the Modvat credit is available to them on the basis of Gate pass after 30-6-1994. 2. Shri A. Ansari, ld. Advocate, submitted that before the introduction of invoice, the excisable goods were cleared from the factory under GP-I; that the Gate Passes remains to be valid document showing duty paid nature of the inputs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le on the strength of gate passes ever after 30-6-1994. 3. Opposing the arguments, Shri A.K. Jain, ld. DR, mentioned that under Rule 57G Modvat credit cannot be availed unless the inputs are received in the factory under the cover of specified duty paying documents; that gate pass was not one of the specified duty paying documents; that Govt. by Notification No. 16/94-C.E. (N.T.), dated 30-3-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be complied with for availing Modvat credit.... When a particular thing is directed to be performed in a manner prescribed by Rules, it should be performed in that manner itself and not otherwise. Proviso to Rule 57G(2) clearly specified the documents on the basis of which Modvat credit could be availed of by any manufacturer. Gate Pass was not one of such document. As rightly pointed out by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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