COMMISSIONER OF CENTRAL EXCISE Vs. MODERN MALLEABLE LTD

JUDGEMENT

(1.) This reference has been at the instance of the revenue on the points formulated by the learned Tribunal as per direction of this Court's Order dated 30th July, 2002, as follows:

(2.) Before we proceed to give answers to the questions referred to above, we, feel mentioning of the facts will be useful. The admitted facts are as follows:

(3.) The cause was shown to the said notice explaining their position that they procured the materials from the aforesaid inputs manufacturer and it has been specifically mentioned in the invoices that they are entitled to the amount of MODVAT credit. So. the said amount was debited. After procurement of invoices the input material was produced before the jurisdictional central excise officer for examinations and on examining the same, the officer concerned defaced the same.