9911796707
TMI Blog1998 (3) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... der Rule 173Q of the Central Excise Rules. By the impugned order the assessing authority had held that the Modvat credit amounting to Rs. 60,073/- availed by the appellants on 13-12-1994 on the basis of the gate passes issued prior to 31-3-1994 was wrong on the ground that the goods in question were not inputs and secondly under Rule 57G gate passes issued prior to 31-3-1994 were valid for taking credit only up to 30-6-1994 and not thereafter. 2. The appellants were engaged in the manufacture of material handling equipment and metals falling in Chapter 8428 and 8457 of the Tariff respectively. In terms of agreement, between the appellants Engineering and Steel Division M/s. Lloyds Steels Industries Ltd. were required to manufacture variou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered the rival submissions. The main charge is about the over riding effect of Rule 57H/57G. In respect of the similar matters the Assessing authority namely the said Commissioner has allowed credit of Rs. 4,82,37,459/- under 57H of the Central Excise Rules. There also similar questions did arise as to whether Modvat credit on GPs issued prior to 1-4-1994 is admissible after 30-6-1994. We feel that in view of the specific provisions of the non absentee clause provided under 57H the assessee has made the case. The Circular 16/94 no doubt speak of non-utilisation of the credit after a particular date but that has been issued under 57G and not under 57H. Hence the appeal stands allowed setting aside the impugned order. [Assent per : Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applied for taking credit under Rule 57G. 4. It is in this context we have to view the provision of Rule 57H. Sub-rule (1B) of this rule permits a manufacturer to take credit of inputs received immediately before obtaining dated acknowledgment of the Rule 57G after filing a declaration. Sub-rule (4) says, that the manufacturer who has filed a declaration under sub-rule (1B) may take the credit. The proviso to this sub- rule says that no credit shall be taken unless the inputs were received under cover of gate pass, bill of entry or endorsed gate pass, etc. as may be prescribed by the Board. The proviso therefore deliberately specify the gate pass, notwithstanding that from 1st April, 1994, gate passes were not issued. In the absence of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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