9911796707
TMI Blog1992 (9) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... -rollers Kamptee, Road, Nagpur against the impugned order as above, by which the Assistant Collector Central Excise, Nagpur has confirmed the demand for Rs. 11,39,229/- on the ground that the modvat credit was taken late i.e. 3-10 days later than the date of receipt of the input and that modvat credit was not admissible on a later date. The impugned order was received by the appellant on 26-12-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeared for Personal hearing on 17-8-1992 at Bhopal when he reiterated the grounds as per the appeal memorandum. 4. I have given careful consideration to the submission made in the appeal. The short issue here is regarding the maintainability of the order by the Assistant Collector as above. 5. The grounds of appeal submitted by the appellant can be summarised as below :- (i) The modvat cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 117/87 and further that the appellant could not produce evidence regarding delay in receipt of duty paid documents due to transport, the Assistant Collector disallowed the modvat credit. 7. I am afraid I cannot subscribe to the above views. As observed by the Honourable Tribunal in the cited case law above in the absence of provision specifying any time limit for taking modvat credit after rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by Notification 25/87, dated 1-3-1987, which provided that the documents can follow within such period as the Collector may permit. After the amendment by Notification 117/87, the position has only been made simpler in that it is sufficient now if the inputs are received under the cover of the duty paying documents which means that the GP 1 or AR 1 etc may come first and the inputs may follow o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
