M/S. Grasim Industries Ltd. Vs. Commissioner of Central Excise, - Court Judgment

Excerpt:

.....dealer m/s. hindustan petroleum corporation limited who is duly registered with the revenue authorities. the modvat credit is denied on the ground that the dealer was not in possession of the duplicate copy of invoices issued by the manufacturer of the goods. he relies upon the decision of the tribunal reported in 1998 (102) e.l.t. 284 (tribunal) in the case of collector of central excise, jaipur vs. unichem trading co. (pvt.) ltd. where such objection raised by the revenue was not accepted by the tribunal.3. learned sdr appearing on behelf of the ravenue reiterated the finding of the lower authorities and submits that the credit can only be taken on the strength of the duplicate copy of the invoice.5. in view of the decision of the tribunal in the case of collector of central excise, jaipur vs. unichem trading co. (pvt.) ltd. (supra), prima facie, balance of convenience is in favour of the applicants.therefore, the pre-deposit of the duty is waived and recovery of the same is stayed during the pendency of the appeals. registry is directed to list the appeals on 16.5.2001 for arguments.

Judgment:

1. Applicants filed these applications for waiver of pre-deposit of total duty amounting to Rs. 37,641/-.

2. Learned Counsel appearing on behalf of the appellants submits that appellants availed the MODVAT credit on the strength of Duplicate Copy of the invoices issued by the dealer M/s. Hindustan Petroleum Corporation Limited who is duly registered with the Revenue authorities. The MODVAT credit is denied on the ground that the dealer was not in possession of the Duplicate copy of invoices issued by the manufacturer of the goods. He relies upon the decision of the Tribunal reported in 1998 (102) E.L.T. 284 (Tribunal) in the case of Collector of Central Excise, Jaipur Vs. Unichem Trading Co. (Pvt.) Ltd. where such objection raised by the Revenue was not accepted by the Tribunal.

3. Learned SDR appearing on behelf of the Ravenue reiterated the finding of the lower authorities and submits that the Credit can only be taken on the strength of the Duplicate copy of the invoice.

5. In view of the decision of the Tribunal in the case of Collector of Central Excise, Jaipur Vs. Unichem Trading Co. (Pvt.) Ltd. (Supra), prima facie, balance of convenience is in favour of the applicants.

Therefore, the pre-deposit of the duty is waived and recovery of the same is stayed during the pendency of the appeals. Registry is directed to list the appeals on 16.5.2001 for arguments.