1988 (5) TMI 173

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..... his appeal is directed against the order of the Collector of Central Excise (Appeals), Madras, dated 10-7-1987 confirming the order of the Assistant Collector of Central Excise, Hosur Division, dated 26-2-1987 rejecting the claim of the appellant to MODVAT benefit in respect of bare aluminium strips and bare copper strips produced by the appellant out of aluminium rods and copper rods and utilised .....

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..... fication is only clarificatory in nature and therefore the appellant should have been given the MODVAT credit in respect of the items manufactured and used within the factory of production. 3. Heard Shri Subash Chander, the learned S.D.R. 4. It is not disputed before me that Rule 57A is silent on the question with reference to availability of MODVAT credit in respect of inputs manufactured and u .....

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..... d within the factory of production. The Notification expressly states that it will be operative only prospectively. A conjoint reading of Rule 57A and Notification No. 197/86 referred to supra would make it clear that the appellant would be entitled to take MODVAT credit in respect of the inputs manufactured and used in the factory of production only on and from the date of Notification No. 197/86 .....

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