Per Shri P.C. Jain:

Short issue involved in these appeals filed by the Revenue in respect of the two respondents herein, is whether the invoices issued by the consignment agents of the manufacturers are acceptable as valid documents for the purpose of taking MODVAT Credit or not? The respondents herein had taken the MODVAT Credit on the basis of such invoices issued by consignment agents. Original Authority denied the benefit of MODVAT Credit taken by the respondents, on the basis of such invoices issued by such consignment agents. Lower appellate authority, however, allowed the appeals of the respondents herein relying on a Judgement of the Tribunal in the case of Hero Cycles Ltd. Vs. Collector of Central Excise, Chandigarh reported in 1994 (54) ECR-221 (T).

2. Having regard to the ratio of the said Judgement, the said Authority had remanded the matter to the Assistant Commissioner to verify whether the consignment agents, M/s. Rungta Agency (P) Ltd. were acting as a consignment agent for M/s. T.I.S.C.O. and were responsible for custody and documentation.

3. We have heard the learned S.D.R. in support of their Appeals appearing at Sl.Nos. 3 to 8 and the learned J.D.R., Shri R.K. Roy in support of their Appeals appearing at Sl.Nos. 1 & 2. The only Ground of Appeal in these matters filed by the Revenue, is that the Department has gone in a Reference Application to the Hon'ble Punjab & Haryana High Court against the aforesaid Judgement of the Tribunal in the case of Hero Cycles Ltd.

4. We have carefully considered the submissions of both sides. In other words, the aforesaid Ground of Appeal taken by the Revenue is that the Reference Application of the Department has also been rejected by the Tribunal and thereafter, they have gone to the High Court. In any case, the Tribunal's Judgement in the case of Hero Cycles mentioned supra, has not been set aside or stayed by any competent authority. That Judgement still holds field. We are in respectful agreement with the said Judgement and consequently, we relying upon the ratio of the said Judgement, dismiss these appeals of the Revenue.