J.L. Gupta, J. - (1.) THE Revenue has filed this petition under Section 35H(1) of the Central Excise Act, 1944. It maintains that the following substantial question of law arises for the consideration of this Court : - "Whether the Tribunal was correct in allowing Modvat credit on the basis of documents that is "Cash Memos", which are not specified documents, as prescribed under provisions of Rule 52A read with Rule 57G/57T of the Central Excise Rules, 1944, for taking Modvat credit -
(2.) RESPONDENT No. 1 is engaged in the manufacture of proofing compound, tents, tarpaulins, candles and cotton canvas cloth etc. It claimed a Modvat credit of Rs. 1,22,225.20. The Assistant Commissioner disallowed the claim on the ground that the claim had been made on the basis of cash memos. The documents did not indicate as to whether they were original or duplicate. Under the rules the credit could be claimed only on the basis of the duplicate copy of the invoice. Thus, a demand of Rs. 1,22,225.20 was raised. A penalty of Rs. 10,000/ - was also imposed. Aggrieved by the order, the respondent filed an appeal, which was accepted by the Commissioner (Appeals). The appeal filed by the Revenue was dismissed by the Tribunal vide its order dated September 4,2000. Hence this petition. Mr. Chander Mohan Sharma, learned Counsel for the petitioner, submits that the view taken by the Tribunal has been accepted by the Revenue. He prays that this petition may be dismissed.
(3.) REGARDLESS of the above, we have examined the order passed by the Tribunal. It has been found as a fact that the respondent had produced a certificate from the Indian Oil Corporation before the Adjudicating Authority that the cash memos had been issued "as duplicate copies for the purpose of availment of Modvat credit." On this basis it has been held that the cash memos coupled with the certificate "satisfied the requirements of Rules 52A and 57G of the Central Excise Rules for the purpose of availment of Modvat credit." There is nothing on record to show that this finding is not correct.;