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TMI Blog1995 (12) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... r per : Jyoti Balasundaram, Member (J)]. The appellants herein were engaged in the manufacture of steel flats and they used specified inputs in the manufacture of their final products which they cleared from the factory during the period 13-5-1988 to 30-6-1988. They filed a declaration as required in terms of Rule 57G of the Central Excise Rules on 1-7-1988 and also applied for allowing Modv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration is not entitled to the benefit of Modvat credit and holding that the benefit of sub-clause (ii) of Rule 57H has been correctly denied since the main conditions set out in sub-clause (i) was not satisfied. Hence this appeal. 2. We have heard Shri Naveen Mullik who relies upon the decision of the Hon ble Madhya Pradesh High Court in the case of Gilt Pack Ltd. v. Assistant Collector of Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d rule if he is satisfied that : (i) such inputs are lying in stock or are received in the factory after filing the declaration made under Rule 57G, or (ii) such inputs are used in the manufacture of final products which are cleared from the factory on or after the first day of March, 1987, and that no credit has been taken by the manufacturer in respect of such inputs under any other rule o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry on or after 1-3-1987 provided that no credit has been taken by the manufacturer in respect of such inputs under any other Rule or Notification or that the final products of such inputs are not dutiable. The Assistant Collector has held that the purpose of the Rule was to give credit both to the inputs lying in stock for verification and also to those inputs which are already used in the manufac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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