9911796707
TMI Blog1995 (9) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... Though this day, only stay application was listed for hearing, after hearing both the sides, since the matter calls for a remand, the appeal itself was taken up for disposal granting waiver of pre-deposit of duty and penalty amounts. 2. The appeal is against the Order-in-Appeal No. NK (962) 327/95, dated 7-7-1995 of the Collector of Central Excise (Appeals), Bombay. 3. The appellants were enga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r own, on the ground that the requisite records for establishing stock of inputs were not produced before him and the credit has been taken on their own without filing a declaration. On appeal before the Collector (Appeals), the said order was confirmed. Hence the present appeal before the Tribunal. 4. Shri M.H. Patil, the ld. advocate pleads that as per oral instructions of the officers, they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the documents available with them to show the stock position as on 1-4-1994. Hence substantive benefit of Modvat credit cannot be denied to them. 5. Shri H.R. Krishnamurthy, the ld JDR however, contends that they had taken the credit on their own on 1-4-1994 and 5-4-1994 and utilised it on 14-4-1994, whereas they have filed the declaration under Rule 57H only on 15-4-1994. Even the documents re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available under the Modvat scheme, so long as it is established that the stock of inputs was lying on 1-4-1994 and they utilised those inputs in the manufacture of dutiable final product. In the circumstances, I set aside the orders of the authorities below and remand the case back to the Assistant Commissioner of Central Excise, before whom their Form IV account in original alongwith gate passes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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