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TMI Blog1997 (6) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... tain materials being inputs on 8-9-1992. They filed a declaration for claiming Modvat as prescribed under Rule 57G on 21-9-1992. Thereafter on receipt of the documents, they took credit on 26-9-1992. After issue of show cause notice, the Assistant Collector disallowed the credit so taken on the ground that the goods were received prior to filing of a declaration under Rule 57G, and that the transi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Tribunal in the case of M/s. Swastik Metals v. CCE reported in 1991 (56) E.L.T. 566 and claimed that no time limit was prescribed in the said rule for filing an application. He further claimed that in their judgment in the case of EMC Steel Pvt. Ltd. 1993 (44) ECR 251, the Tribunal had held that there was no requirement as to the prior permission when availing of the facility under Rule 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... encies as narrated in sub-rule (a) thereto. The first is where such inputs were lying in stock in the factory or were received in the factory after filing declaration but before obtaining the dated acknowledgement. The second situation is where the inputs were used in the manufacture of final products which were cleared from the factory after filing the declaration. These two provisions are mutual ..... X X X X Extracts X X X X X X X X Extracts X X X X
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