9911796707
TMI Blog1990 (6) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... paid duty later in respect of the inputs received by them, after they discovered that the clearance made by them at nil rate of duty was not in order inasmuch as the Notification which exempted the goods had since been rescinded. The appellants have been denied the benefit of MODVAT credit by the learned lower authority for the reason that at the relevant time when they received the goods since no duty was paid on the goods, and that the provisions of Rule 57E would not apply to a case where the payment of duty on the goods is made subsequent to the receipt of the same in the factory functioning under the MODVAT Scheme. The learned Advocate pleaded that the appellants received the goods covered by gate pass showing nil rate of duty and were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T credit subsequent to the date on which goods have been received under gate pass showing nil payment of duty in terms of Rule 57E. Rule 57E at the relevant time reads as under : Rule 57E - Adjustments in duty credit. - If duty paid on any inputs in respect of which credit has been allowed under Rule 57A, is varied subsequently, due to any reason resulting in payment of refund to, the manufacturer or importer, of the inputs, the credit allowed shall be varied accordingly by adjustment in the credit account maintained under sub-rule (3) of Rule 57G or in the accounts maintained under Rule 9 or sub-rule (1) of Rule 173G, or if such adjustment is not possible for any reason, by cash recovery from the manufacturer availing of the credit unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods used in or in relation to the manufacture of the said final products (hereinafter referred to as the inputs) and for utilising the credit so allowed towards payment of duty of excise leviable on the final products. Whether under the Act or under any other Act, as may be specified in the said notification, subject to the provisions of this Section and the conditions and restrictions that may be specified in the Notification". 5. We observe that the appellants for the purpose of availing of MODVAT Scheme have to comply with the other requirements of the Rules namely filing of the declaration under Rule 57G. There is nothing on record to show that the appellants had complied with this requirement. The appellants have made a plea that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
