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TMI Blog1994 (3) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... application seeking reference to the High Court on the issue of law formulated by the dept. arises out of the Order No. 954/WRB, dt. 22-5-1992 passed by this Bench in Appeal No. E/918/91-BOM. 2. The issue for consideration in the said appeal was that the appellant having failed to take the Modvat credit on the specified date, took the credit at a later date on account of some clarification subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit can be taken within a reasonable period i.e. within six months from the date of receipt of inputs and original date of credit taken. 3. Heard Shri Singh, the ld. JDR who has submitted that on the same point, two other Reference Applications have been allowed and this being an identical issue, the same ought to be referred to the High Court. 4. Shri D.D. Gwalani, the ld. advocate for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already been taken on this particular aspect of the case and as it held that the same has given rise to an issue of law and is required to be considered by the High Court for finalisation of the issue and now taking a different view would be against the judicial propriety. The judgment of the Supreme Court does provide a guideline for appropriate determination of the issue. All the same, the findi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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