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TMI Blog1997 (11) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... In this appeal filed by M/s. Sood Steel India (P) Ltd., the matter relates to the availment of the Modvat credit in respect of the duty paid on the inputs old ship breakings before filing the prescribed declaration. The appellants had availed of the Modvat credit of Rs. 20,662/- vide RG 23A, Part-II, Entry No. 159, dated 31-7-1995. They had not declared the ship breaking material as one of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of Rule 57G(5) of the Central Excise Rules, 1944 and submitted that the Asstt. Commissioner of Central Excise was competent to condone the delay. 3. Shri D.K. Nayyar, JDR, replied that the appellants had already availed of the credit and the notice was issued for recovery of the credit already utilised. The delay could be condoned if the credit had not been taken. In this case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in filing of such declaration and allow the manufacturer to take credit of the duty already paid on the inputs even though the procedural requirements laid down under the said Rule 57G, had not been complied with. This condonation of the delay was subject to the conditions that the Asstt. Collector was satisfied that the inputs in respect of which credit was to be allowed were received in the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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