9911796707
TMI Blog1991 (4) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order]. This is an appeal directed against the Order-in-Appeal bearing No. SKM-92/B-II-360, dated 19-12-1988 passed by the Collector of Central Excise (Appeals), Bombay, allowing the appeal of the Respondents. The department has brought the appeal against the aforesaid order of the Collector (Appeals). 2. The undisputed facts which were revealed by the Ld. JDR, Shri A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in respect of the stock lying with them prior to the filing of the declaration. Since they have failed to comply with this requirement, they are ineligible for the MODVAT credit. Hence the Collector (Appeal s), order is not legally correct and is required to be set aside and the order of the Asst. Collector confirming the demand for ineligible MODVAT credit be restored. 4. After hearing Shri A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s received by him." (emphasis supplied) From the above, it can be seen that the procedural requirement is that the manufacturer, before taking credit should obtain a dated acknowledgement in respect of the declaration to be filed under Rule 57G. It is not disputed that such an acknowledgement has been obtained on 29-6-1987 and the credit was taken only on 30-6-1987. When this is admitted, it com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter the first day of March, 1987." and that no credit has been taken by the manufacturer in respect of such inputs under any other rule or notification :" From the above it is observed that the Assistant Collector may allow credit of the input received by the manufacturer before obtaining the dated acknowledgement and such inputs are lying in stock or are received in the factory after filing t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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