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TMI Blog1995 (9) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... y his order allowed the respondents the benefit of MODVAT Credit taken by them on RG 23A Part II account on a date later than the date of receipt of the goods in their factory for a period ranging from 3 days to 2 months. The Revenue have urged the following grounds : 1. The order of Collector (Appeals) is erroneous and contrary to law. 2. Credit is to be taken immediately on receipt of inputs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of the inputs in the factory. 2A. Collector (Appeals) has relied on the Tribunal s decision in the case of CCE v. Mysore Lac and Paint Works Ltd. reported in 1991 (52) E.L.T. 590. The facts and circumstances in the present case are different from that of the case referred to. The Tribunal have decided the issue whether differential credit or short credit can be taken or not and have rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly the rule in the present case and allowed the credit to be taken at a later date. 2. The learned Collector (Appeals) relying on the decision of this Bench in the case of CCE v. Myore Lac and Paint works Ltd. reported in 1991 (52) E.L.T. 590 has held as under : In that, as well as in the case law now relied upon by the appellants, the Honourable Tribunal has taken the view that there is no p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ratio laid down by the Tribunal to the facts of this case involving belated availment of regular credits (undisputedly within six months from the date of receipt of the inputs.). 3. The respondents have sought for decision on merits. 4. We observe that MODVAT Credit has to be allowed subject to compliance with the requirement of Rule 57A read with notification issued thereunder and Rule 57G. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks Ltd. case cited supra. Admittedly in the present case, MODVAT Credit was taken within a period of 6 months of the receipt of the goods. In view of above, there is no infirmity in the order of the learned lower appellate authority and the appeal by the Revenue is dismissed. The crosss appeal is only by way of comments and the same is also dismissed as not maintainable in law - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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