Modvat meeting held at Calcutta on 19-9-90 - Point No. 24 regarding declaration under Rule 57G - Denial of Modvat credit due to change of nomenclature - Regarding - Central Excise - 9/91-CX.8

Modvat meeting held at Calcutta on 19-9-90 - Point No. 24 regarding declaration under Rule 57G - Denial of Modvat credit due to change of nomenclature - Regarding Circular No. 9/91-CX.8 Dated 18-2-1991 [From F. No. 263/7/91-CX.8] Government of India Central Board of Excise Customs New Delhi Subject : Modvat meeting held at Calcutta on 19-9-90 - Point No. 24 regarding declaration under Rule 57G - Denial of Modvat credit due to change of nomenclature - Regarding. I am directed to refer to the minutes on Point No. 24 of the Modvat Meeting held at Calcutta on 19-9-1990 regarding denial of Modvat credit due to change of nomenclature. Trade had alleged that in cases of dispute regarding the classification of an input, despite the fact that the product is similar in all respects and even the chapter heading, sub-heading etc. is the same, the Central Excise authorities do not permit taking of Modvat credit provisionally by the assessee. The matter has been examined by the Board. In further continuation to instructions issued vide Board's Circular No. 48/89-CX.8, dated 17-10-1989 (F.No. 267/114/88-CX.8) it is clarified that so long as the product and its classification in the relevant chapter is correct, Modvat credit should not be disallowed merely on the ground that there is a difference in the nomenclature of the product due to different trade practices in different parts of the country. Trade and Field formations may be advised suitably. Receipt of this letter may please be acknowledged.