Full Judgment
2. The learned Consultant has contended that since duty was paid in two instalments and goods were also received in two lots, for that reason, the credit had been availed twice. He has shown the original Bill of Entry bearing the stamp of the Customs authorities showing the receipt of the duty amount of Rs. 3,58,765 from the appellants by the customs authorities, each on 22.2.99 and 24.2.99.
3. On the other hand, the learned JDR has argued that the total duty on the goods covered by the Bill of Entry in question No. 7127 dated 22.1.98 involved was Rs. 3,58,765 and this entire duty amount was paid by them on 22.2.99 as per the stamp of the Customs authorities on the original invoice shown by the learned Consultant and as such the question of payment of duty of this much amount again on 24.2.99 did not arise. No TR 6 challan had also been produced by them. Therefore, credit had been rightly denied to them.
4. I have heard both the sides and gone through the record. The facts are not much in dispute. The bare perusal of the photocopy of Bill of Entry placed on record shows that duty payable on the imported goods was Rs. 3,58,765 and this entire amount was paid by the appellants on 22.2.99. This fact is also evident from the original copy of the Bill of Entry shown by the Consultant during the course of arguments. When the entire duty was paid by them on that date, it is difficult to accept again they paid this much amount after two days i.e. on 24.2.99.
No TR 6 challan showing payment of duty on 24.2.99 had been produced by them. Therefore, they could not take the modvat credit twice against the same Bill of Entry, even if it is taken that the goods were received by them in two lots, I do not find any illegality in the impugned order and the same is upheld.