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TMI Blog1989 (6) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... these items on the day the appellant s end-product was made eligible for the benefits and some of these had been received by the appellants in the month of January while others in the month of February, 1987. The lower authority allowed the MODVAT concession in respect of the inputs received by the appellants in February, 1987 and denied the benefit in respect of the inputs received in January, 1987. The lower authorities have denied this benefit on the interpretation of the wording of the Rule 57H(1). The said rule for convenience of reference is reproduced below :- RULE 57H. Transitional provisions. - (1) Notwithstanding anything contained in Rule 57G, the Assistant Collector of Central Excise may allow credit of the duty paid on input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one month i.e. February 87, are also covered by the word immediately. My answer to this contention of the appellants is in the negative. If we are to hold that goods received in the second half of the month or January, that if few days before the first of Feb. 87 are also to be covered by the words as received immediately before filing of declaration" which was acknowledged in the month of March, I do not know as to where to draw a line of distinction. For instance, goods received in the first part of January also may then be covered by the word immediately received, or to stretch the argument further even in the end of December, 86. Such an interpretation of the word immediately will lead to a chaotic condition and result in contrary d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AT credit could be taken in respect of inputs received by a manufacturer immediately before obtaining the dated acknowledgement of the declaration made under the said rule subject to the satisfaction of the Assistant Collector that such inputs were lying in stock. We observe that the learned Collector (Appeals) in his order has himself taken note of the fact that the words immediately before have not been defined in the Notification under which the Rule 57H was modified and has adopted the dictionary meaning of the word immediately and has held that inasmuch as the assessments on RT 12 returns are finalised on a monthly basis under Rule 173I of the Central Excise Rules, unit of assessment taken as one month should considered as the imme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... described in Venkataramaiya s Law Lexicon Legal Maxims, 2nd Edition, published by Delhi Law House, as under :- Immediately before. - Preceding the date" and immediately before are interchangeable terms conveying the same idea. Preceding the date was held by the Supreme Court to mean prior to commencement of the liquidation. The same meaning will hold good for immediately before . Profits earned and accumulated upto the date of liquidation are thus covered by sub-clause (c). Kanhaiya Lal Bhargava v. Official Liquidator, (1965) Corn. Cas. 340 at pp. 344-45." In the context of the scheme of MODVAT what is relevant is receipt of the goods with evidence of payment of duty and the filing of the declaration in that regard. So far as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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