1997 (3) TMI 289

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..... t is a manufacturer of excisable products falling under Chapter 42 of the Central Excise Tariff. Modvat credit had been availed by the respondents in respect of inputs used by them in the manufacture of their final product. During the relevant period they had taken Modvat credit equal to the duty paid on some of the inputs received by them from small scale manufacturers. The credit taken was equal .....

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..... 1 (52) E.L.T. 590. In the said decision the concerned assessee had initially taken Modvat credit limited to the duty actually paid by the manufacturer of the input material who had availed of the benefit of small scale exemption available under Notification No. 175/86. Since Rule 57B provided for the availment of higher notional credit equal to the duty leviable but for the said small scale unit e .....

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..... is causing administrative inconvenience to the department. This argument did not find favour with the Tribunal which observed that by taking less credit than what he was entitled to, it is the assessee who is depriving himself of the benefit till the time he actually takes the credit. As long as the differential credit amount was taken within a reasonable time which time was considered to be in li .....

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