9911796707
TMI Blog1989 (5) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... - This is an appeal directed against the order of the Additional Collector of Central Excise, Hyderabad, dated 24-2-88 directing the appellants under Rule 57-I of the Central Excise Rules, 1944, hereinafter referred to as the Rules , to reverse the credit in a sum of Rs. 1,20,567.70 on the ground that the credit taken is not in accordance with law besides imposing a penalty of Rs. 1,000 under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not entered in the Stock Ledger Account. The learned Counsel, therefore, submitted that the transitional provisions for availing MODVAT credit in terms of Rule 57H would become applicable as the appellants had the goods in stock on 1-3-1987 and entered the same in RG 1 Register after the receipt of the relevant gate passes on 5-5-1987. The learned Counsel alternatively contended that even if t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e done only by having recourse to Section 35E of the Central Excises and Salt Act, 1944 and not by initiating parallel proceedings by issue of another show cause notice. 4. Shri Vadivelu, the learned D.R., contended that the evidence on record does not establish that the appellants had the inputs in question on stock as on 1-3-1987 and he has also received instructions to the same effect from Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts into their factory. We also incidentally note that the appellants had taken credit in respect of the inputs only on 2-7-1987. The learned D.R. was not able to convince us as to how in the facts and circumstances of this case Rule 57G would not be applicable to the appellants. We would also like to point out that when the Assistant Collector of Central Excise, Nellore, by his communication dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
