- (1.) The Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi has referred the following two questions of law for opinion of this Court. "Whether gate passes issued prior to 1-4-94 but endorsed after that date would fall under the coverage of Entry No. 10 in the Table to the Notification No. 16/94-C.E. (N.T.), dated 30-3-94 and would subsequently become eligible documents for taking credit under the Modvat Scheme?"
(2.) Briefly stated the facts giving rise to the present reference are as follows : Up to 31-3-94 G.P.I. was the document prescribed under Rule 57G as one of the document for taking Modvat credit. The Government, however, introduced a change in the system and made invoices issued by the manufacturers or dealers as documents on the strength of which Modvat credit could be taken. However, the Government of India issued Notification No. 16/94-C.E. under which endorsed gate pass was to be treated as documents on the strength of which Modvat credit could be taken. A dispute therefore arose whether gate passes endorsed on or after 1-4-94 still remained valid documents on the strength of which Modvat credit could be taken.
(3.) We have heard Sri K.C. Sinha, learned Assistant Solicitor General of India appearing for the Revenue. Nobody has appeared for the respondent-assessee. We are proceeding to decide the present Reference on the basis of the record available before us and on the basis of the arguments advanced by Sri K.C. Sinha.;