COMMISSIONER OF CENTRAL EXCISE Vs. CHEMPLAST

JUDGEMENT

(1.) THIS is a Reference application against this Tribunal Final Order No. 282/ 98 dated 10.2.98 by Revenu on the following question of law sought to be referred:

(2.) HEARD Shri R. Victor Thiagaraj, Ld. SDR who submits that the case -law relied upon viz. Echo Cables (P) Ltd., relates to the period May and June 1988, by which time the documents issued by public sector undertakings were valid documents specified for taking Modvat credit. With the invoices having come into operation with effect from 1.4.94, only those documents issued under Rules 52A/57G and 57GG read with Notn. Nos. 15/94 CE (NT); 33/94 CE (NT) and 64/ 94 CE (NT) are the valid and specified documents for taking Modvat credit. In the instant case the documents on which credit were taken are not in conformity with the provisions of the Rules ibid and Notifications.

(3.) LD . SDR further submits that the CEGAT, order is against the ruling of Hon'ble CEGAT's earlier decisions in the case of M/s. Jai Bhavani Steel Industries Pvt. Ltd. wherein it was held 'the statute provides for certain documents as evidence of payment of duty which are required to cover the consignment for the purpose of taking Modvat credit..it does not follow that any document evidencing payment of duty could be accepted as valid documents for the purpose of taking Modvat credit.