9911796707
TMI Blog1989 (12) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant has been found to have taken erroneous Modvat credit. The appellant is manufacturing sophisticated electronic items and had filed a declaration in terms of Rule 57G of the Central Excise Rules, 1944 on 24-3-1986 before the Department for taking Modvat credit in respect of the various inputs specified therein. Proceedings were instituted against the appellant by issue of a show cause notice by the Asstt. Collector on 5-3-1987 on an allegation that the inputs specified in the declaration were not in terms of Rule 57G and the proceedings ultimately resulted in an order that the appellant had availed erroneous Modvat credit without a proper declaration as per Rules and the order of the original authority in regard to the same was up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, the appellant would be entitled to take Modvat credit notwithstanding the fact that the inputs had been received prior to the filing of the declaration. The learned Counsel submitted that the appellant had actually taken credit in the RG 23, Part II in respect of the inputs in question only on 18-12-1986 that is, subsequent to the filing of the specific declaration. It was, therefore, submitted that the view taken by the authorities in denying the appellant the benefit of Modvat credit is not correct under law. The learned Counsel also placed reliance on the ratio of the ruling of the Bench of this Tribunal in the case of 'M/s. Clean Foods Corporation v. Collr. of C. Ex., Hyderabad reported in 1990 (47) E.L.T. 137 (Tri.)' (Order No. 257/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Excise having jurisdiction over his factory, indicating the description of the final products manufactured in his factory and the inputs intended to be used in each of the said final products and such other information as the said Asstt. Collector may require, and obtain a dated acknowledgement of the said declaration. (2) A manufacturer who has filed a declaration under sub-rule (1) may, after obtaining the acknowledgement aforesaid, take credit of the duty paid on the inputs received by him:...." We do not find anything in Rule 57G to warrant a conclusion that the manufacturer would not be entitled to take Modvat credit if the inputs had been received prior to the filing of the declaration. Therefore, following the ratio of the Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X
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