9911796707
TMI Blog1992 (10) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... r (T)]. This is an appeal directed against the Order-in-Appeal No. P-34/92, dated 20-2-1992 passed by the Collector of Central Excise (Appeals), Pune, rejecting the appellant s appeal. 2. The facts of the case involved in this appeal are that the appellants are manufacturing cast alloy permanent magnets and they imported the input Nickel Squares for the manufacture of the aforesaid item. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of the certificate issued by the Customs House on 17-1-1990. Thereafter, they took the Modvat credit, which was objected to by the Assistant Collector on the ground that since the inputs have been received without payment of CVD at the initial stage, MODVAT Credit on the basis of subsequent payment of CVD cannot be taken. When the matter was taken up in appeal before the Collector (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standing the fact that it was time-barred, only because of the fact that MODVAT credit of the CVD subsequently paid is admissible to them under Rule 57E of the Central Excise Rules. I am not able to agree with the view of the Assistant Collector that if the inputs have been received initially without payment of duty and subsequently those goods were found to be liable to duty on a demand by the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirms that the certificate has been issued by the Customs authorities only for the purpose of availment of MODVAT Credit and they are not going to seek for refund of the customs duty. Hence the other objection taken by the Collector (Appeals) also does not appeal to me. In view of the aforesaid discussion, I allow the appeal and set aside the orders of the authorities below and grant consequent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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