1997 (12) TMI 363

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..... per : K.S. Venkataramani, Member (T)]. We have heard Shri S.V. Singh, ld. JDR, who has reiterated the grounds of appeal and contended that the Commissioner (Appeals) has erred in extending the benefit of transitional provisions under Rule 57H for taking of Modvat credit to the Respondents in this case. The Department case is that the Respondents had on their own taken credit of the stock lyi .....

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..... ying in stock, Modvat credit thereon can be taken if there is delay in granting the permission after the assessee has made the application for the purposes before the Assistant Commissioner. 3. We have carefully considered the submissions. We find that in the present case there is evidence to show that there was an application with the statement of inputs lying in stock before the Assistant Comm .....

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