9911796707
TMI Blog1994 (4) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... utputs during 1-3-1986 to 14-3-1986. 4. They had filed a MODVAT DECLARATION on 11-3-1986 and in this declaration itself sought permission to avail Modvat on stock of inputs lying as on 1-3-1986 (by mistake typed as 1-3-1985). This declaration was duly acknowledged. 5. Subsequently they submitted a fresh application under Rule 57H giving the full stocks/receipt of inputs on duty-paying documents. 6. The Assistant Collector has denied them the benefit on the ground that they had filed the declaration only on 11-3-1986 under Rule 57A and had not applied under Rule 57H for transitional benefit that they had submitted the stock position only on 31-3-1986 and in fact the details were submitted only on 20-8-1986 and, therefore, it was not po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claration and even late filing of their claim under 57H, physical verification and satisfaction based thereon was not possible. Furthermore, Rule 57H does not permit any benefit on the fully manufactured goods in stock but only relates to inputs in stock. Furthermore, as mentioned by the AC, Appellants had not furnished the required details and documents and the documents prepared after filing the declaration could not be relied upon. 11. In response to a query of the Bench, the Counsel could not show the declaration dated 11-3-1986, but stated that the same has been admittedly filed as evident from AC s order and he could, if allowed, file a copy subsequently. However, there was no dispute that such a declaration was filed and it was cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of such inputs. 17. Insistence of any statutory record at this stage was not justified as this was the period of inception of the scheme and the very purpose of Rule 57H is to take care of the difficulties during transitional period. In fact the Rule describes itself as transitional provisions. 18. However, in so far as manufactured products in stocks were concerned, there is no provision in Rule 57H to allow benefit with reference to the same. Rule 57H(1)(ii) refers to inputs used in the manufacture of final products and not the final product themselves. 19. In view of the above position, we uphold the order of the lower Authorities in so far as it relates to the credit claimed with reference to final products, but set aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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