M/S. India Steel Industries Vs. Commissioner of Central Excise, - Court Judgment

Excerpt:

1. the question involved in this appeal is whether a defects which have been pointed out in respect of the suppliers. invoices were such suppliers have to to be steel authority of india and m/s. hindustan petroleum corporation ltd. modvat credit have been rectified. the assessee has purchased the inputs from sail as well as hpcl a very big public undertaking company. it is not the case of the department that the input was never used in or in relation to the manufacture certain procedural irregularities have been pointed out which have ben rectified later on the denial of modvat credit is wrong in law. i follow the judgement of the wzb, mumbai in the case of aegis chemical indus. ltd. vs. commissioner of central excise aurangabad. [1999 (106) elt 492 (tribunal)]. hence following the same i set aside the impugned order and allow the appeal with consequential relief if any according to law.

Judgment:

1. The question involved in this appeal is whether a defects which have been pointed out in respect of the suppliers. Invoices were such suppliers have to to be Steel Authority of India and M/s. Hindustan Petroleum Corporation Ltd. Modvat credit have been rectified. The assessee has purchased the inputs from SAIL as well as HPCL a very big Public Undertaking Company. It is not the case of the department that the input was never used in or in relation to the manufacture Certain procedural irregularities have been pointed out which have ben rectified later on the denial of modvat credit is wrong in law. I follow the judgement of the WZB, Mumbai in the case of Aegis Chemical Indus. Ltd. Vs. Commissioner of Central Excise Aurangabad. [1999 (106) ELT 492 (Tribunal)]. Hence following the same I set aside the impugned order and allow the appeal with consequential relief if any according to law.