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TMI Blog1989 (12) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... r per: K. Sankararaman, Member (T)]. - These three stay petitions along with their corresponding appeals filed by the Collector of Central Excise, Patna, are directed against three orders in appeal passed by the Collector of Central Excise (Appeals), Calcutta, whereby he allowed the appeals filed by the present respondent, M/s. Telco, Jamshedpur, and held that the disallowance of Modvat Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffect of rejecting the stay applications made by the applicant Collector. 2. As regards the merits of the issue as set out in the appeal, Sri Biswas, learned SDR appearing on behalf of the appellant Collector, stated that, as pointed out in the appeals themselves the application of time limit in respect of wrong availment of Modvat Credit was introduced in Rule 57-I only with effect from 6-10-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... py of the said publication. It is seen that the said extract of trade notice which is dated 18-7-89 clarifies that Modvat credit of duties paid on tool kits and jack assembly would be admissible provided such tool kits/jack assembly are supplied along with motor vehicles and their value is included in the assessable value of the motor vehicles. He also stated that the Range Supdt. of their own fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, and that it had been decided that, for the recovery of wrong credit taken in terms of provisions of Rule 57-I, the time limit prescribed in Section 11A could be applicable. This accords with our view. Actually when any credit taken under the Modvat scheme in the RG 23A Part 2 account is held to be inadmissible and is sought to be expunged, the same is regulated in terms of Rule 57-I itself, but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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