TMI Blog2006 (4) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... rds. 3. In order to appreciate the dispute it is necessary to refer to the provisions of Notification No. 58/97-C.E. which are as under :- In exercise of the powers conferred by sub-rule (6) of rule 57A of the Central Excise Rules, 1944, the Central Government hereby declares the following inputs and the final products falling within the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) namely :- 2. The Central Government further declares that the duty of excise under the Central Excise Act, 1944 (1 of 1944) (hereinafter referred to as said Act), shall be deemed to have been paid (hereinafter referred to as said Act), shall be deemed to have been paid (hereinafter referred to as deemed duty), on the inputs declared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, as declared by the manufacturer in the invoice accompanying the said inputs (hereinafter referred to as invoice price), and credit of the deemed duty so determined shall be allowed to the manufacturer of the final products. . The above para of the Notification is a declaration by the Central Government that the duty of excise under the Central Excise Act shall be deemed to have been paid on the inputs declared in the Notification. The substantial provisions of deemed Modvat credit are contained in Paragraphs 1, 2 and 3 of the Notification. The rest of the Notification deals with the conditions for availment of deemed Modvat credit. The condition stated in Para 4 of the Notification to the effect that the inputs-manufacturers invoices ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of their having discharged duty liability - Wide gap between expression duty has been discharged as used in Notification No. 58/97-C.E. and expression duty to be discharged, as stamped on invoices issued by supplier of inputs - Duty liability not having been discharged, deemed Modvat credit disallowed. 6. The issue of denying the deemed Modvat credit has arisen on interpretation of paragraph 4 of the Notification No. 58/97. We find that the said paragraph does not mandate any specific wordings to be incorporated in the Invoices. Plain reading of the said paragraph would indicate that appropriate duty has to be paid under the provisions of Section 3A of the Central Excise Act. Further, we find that Section 3A of the Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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