ORDER
G.N. Srinivasan, Member (J)
1. The question involved in this case is whether on the basis of certificate given by the appraiser of custom posted in foreign post office the assessee could claim Modvat credit.
2. The credit, which was denied by both authorities below that certificate issued by the appraiser of custom posted in foreign post office, could not be the basis for taking the credit In my view stand of the two authorities are wrong. Board in its circular made in file No. 267/141/88-CX.8, Circular No. 16/89, dated 1-6-1989 has stated that on such a certificate issued by the appraiser of custom posted in foreign post office Modvat credit of the CVD can be taken. Its surprising that both authorities did not seem to know of such a circular.
3. The circular has been brought to my notice. Hence I set aside the impugned order and hold that the assessee is entitled to claim Modvat credit. The appeal stands allowed with consequential relief.