COMMISSIONER OF CENTRAL EXCISE, Vs. LUMENS (INDIA)

JUDGEMENT

(1.) THE learned DR arguing for the appeal states that in this case the assessee has taken the modvat credit in respect of inputs on endorsed GP1 which was endorsed on 30.6.1994. The GP1 endorsed on 31.3.1994 is not a proper document for availing modvat credit. The amount involved is Rs.50,000/ -. In of Moosa Haji Patrawala 1996 (64) ECR 125 we have held that in such type of transaction the modvat credit is entitled to be given. The case law is against the departmetn as also the amount. In view of the discretion vested in me under second proviso to section 35B of the Central Excise Act, I dismiss the appeal. On merits also the department does not have a case. (Dictated in Court)