TMI Blog2017 (1) TMI 1174X X X X Extracts X X X X X X X X Extracts X X X X ..... , endorsed invoices were not valid documents for the purpose of MODVAT Credit - denial of CENVAT Credit upheld - penalty set aside - appeal disposed off - decided partly in favor of assessee. - E/2/08 - FO/A/76224/2016 - Dated:- 2-12-2016 - Shri P. K. Choudhary, Member (Judicial) Shri B.N.Chattopadhyay, Consultant for the Appellant Shri S.S.Chattopadhyay, Supdt.(AR) for the Revenue ORDER Per: Shri P. K. Choudhary M/s.Kumar Iron Steel Co., the Appellant herein is engaged in the manufacture of iron and steel products. The adjudicating authority disallowed CENVAT Credit to the tune of ₹ 8,03,632/- along with interest and imposed penalty of ₹ 50,000/-. The period of dispute is April, 2000 to July, 2000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant time as there is no intention to evade payment of duty or knowingly taking wrong credits. 3. Ld.Supdt.(AR) appearing on behalf of the Revenue reiterated the findings of the authorities below. 4. Heard both sides and perused the Appeal records. 5. The issue involved in these proceedings is whether credit is admissible to the Appellant after 01.09.1996 on the basis of endorsed invoices. It is the case of the Revenue that endorsed invoices are not a valid document for taking credit as per the documents prescribed under Rule 57G(3) of the Central Excise Rules, 1944. 6. I find that the issue is no more res integra in view of the decision of the larger Bench of the Tribunal in Balmer Lawrie v. CCE [2000 (116) ELT 364 (Tri.-LB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rer at the factory or from the manufacturer's depot or an importer from his godown subject to certain conditions, as document for the purpose of said Rules. Likewise, under notification dated 4-7-1994, the Central Government had prescribed invoices issued by a manufacturer from the factory or his depot or dealer of an excisable goods registered with the Central Excise Officer or an importer from his godown or dealer of an imported goods registered with the Central Excise Officer containing the details, as are prescribed under Rule 57GG as the documents for the purpose of Rule 57G. In other words, subject to fulfilling the conditions provided in the said notifications, the invoices issued by the said category of persons would qualify a m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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