9911796707
TMI Blog1995 (8) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... )]. This appeal is against the order of the Collector of Central Excise (Appeals), Madras. The learned lower authority has disallowed the appellants benefit of higher notional credit in terms of Rule 57B of Central Excise Rules for the reasons that in terms of Trade Notice 23/91, dated 12-3-1991 the benefit of higher notional credit should not be given when the goods received as inputs shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants submitted that the appellants have taken Modvat credit in respect of the inputs namely Aluminium Ingots received from two suppliers under the cover of gate passes on payment of duty at the rate of 10% on Rs. 2500/- per metric tonne plus 5% SED. The appellants, he pleaded, took higher notional credit under Rule 57B of the Central Excise Rules as the goods had been supplied by the small ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 180/88 is to be accepted or in case the Modvat credit is admissible, the same has to be in terms of Modvat Rules. The Revenue cannot plead that while Modvat credit could be taken in respect of the goods obtained by them from a small scale manufacturer, the same should be limited only to the duty actually paid. 3. The learned SDR adopted the reasoning of the learned lower authority and plead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit is permissible. A person who is availing of the Modvat credit is governed by the provisions of the Modvat Scheme as set out in the Central Excise Rules. There is nothing in the rule to say that the authorities can go behind and examine the issue of liability to duty on the inputs received by them and the correctness thereof. Viewing from this point of view in law it is not permissible for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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