2010 (7) TMI 864 - AT - Central Excise

Summary

Issues involved: Interpretation of time limit for taking credit under Rule 57G of the Central Excise Rules, 1944.

Summary:
The judgment by the Appellate Tribunal CESTAT NEW DELHI addressed the issue of determining the time limit for taking credit under Rule 57G of the Central Excise Rules, 1944. The specific point for consideration was whether the time limit should be calculated from the date of entry in RG-23 A Part-II Register or from the date of entry in RG-23 A Part-I Register.

The Tribunal highlighted that Rule 57G clearly specifies the time limit for taking credit, as outlined in sub-rule (5) of the said Rule. This sub-rule states that credit must be taken within six months from the date of issuance of specified documents. These documents include invoices, bill of entry, and others listed under sub-rule (3) of Rule 57G.

It was emphasized that the period of limitation mentioned in sub-rule (5) is based on the "date of issuance of the documents" and not on the entry in RG-23 A Register. The distinction between Part-I and Part-II of RG-23 A Register was explained, with Part-I relating to stock account of inputs and Part-II to duty credit entry book. The time limit for availing credit is to be calculated from the date of issuance of documents related to received inputs, provided they are among those listed under sub-rule (3) of Rule 57G.

In conclusion, the Tribunal clarified that the time limit for taking credit under Rule 57G is determined by the date of issuance of specified documents, not by the entry in RG-23 A Register. The matter was referred to the Single Judge for further decision based on the interpretation provided by the Tribunal.