2001 (9) TMI 545 - AT - Central Excise

Summary

Issues:
1. Whether permission of the Asstt. Commissioner is required for availing the benefit under Rule 57H(4) of the Central Excise Rules.
2. The date from which Modvat credit will be admissible.
3. The date from which money credit will be available under Rule 57O.
4. Applicability of transitional provisions under Rule 57H(4) to the money credit scheme.

Analysis:

1. The first issue addressed in the judgment was whether the permission of the Assistant Commissioner is necessary for availing the benefit under Rule 57H(4) of the Central Excise Rules. The Tribunal referred to various decisions where it was held that such permission was not required. Citing past judgments, the Tribunal concluded that the permission of the Assistant Commissioner is not necessary for availing the benefit under Rule 57H(4).

2. The second issue pertained to the date from which Modvat credit can be taken. The Tribunal held that Modvat credit shall be admissible from the date the declaration under Rule 57G is acknowledged, aligning with previous decisions of the Tribunal on this matter.

3. The third issue focused on the date from which money credit can be taken under Rule 57O. The Tribunal clarified that the same date as the acknowledgment of the declaration for Modvat credit would apply to money credit as well, ensuring consistency in the application of credit rules.

4. The final issue addressed the applicability of transitional provisions under Rule 57H(4) to the money credit scheme. The Tribunal considered arguments and cited various decisions to support the view that a few days delay in filing the declaration should be favorably considered. However, the Tribunal emphasized that the credit under the Money Credit Scheme would be available only on inputs received on or after the date of acknowledgment of the declaration filed under Rule 57O. The judgment concluded by disposing of the appeal in line with the decisions and analysis provided for each issue.