2005 (11) TMI 421

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..... for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. In this case, Modvat credit of Rs. 18,89,616/- (Rupees eighteen lakhs eighty-nine thousand six hundred sixteen only) has been disallowed on the ground that the credit was availed on the strength of an endorsed bill of entry which was not a valid duty paying document for the purpose of taking credit in terms of Rule 57 .....

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..... e Tribunal s orders in CCE, Jamshedpur v. TISCO - 2001 (137) E.L.T. 562 and Mark Auto Industries Ltd. v. CCE, Delhi - 2003 (159) E.L.T. 311, to substantiate his contention that credit is admissible on the strength of endorsed bill of entry. 4. However, we find that the facts in the two decisions relied upon by the leaned Counsel are different from those in the present case - in the case of TISCO .....

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..... etter head of M/s. German Remedies Ltd., is to the effect that We intend availing ourselves of MODVAT under Rule 57-A of the Central Excise Rules 1944 in respect of the goods covered by this Bill of Entry. Similar endorsement appears in all the bills of entry on the strength of which credit was availed. 5. We, therefore, agree with the learned SDR that the decision of the Larger Bench in Bal .....

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