1998 (5) TMI 242

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Modvat credit has been denied to the appellants on the ground that the declaration under Rule 57G of the Central Excise Rules was not filed in respect of the inputs viz. Valox (Synthetic Resin) imported by the appellants. 2. The matter was posted today for hearing the application for waiver of pre-deposit and stay of the recovery of the amount confirmed under the impugned order. With the consen .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s based on P.B.T. Polybutylene Terephthalate. He further submitted that as per Central Excise Tariff there was specific sub-heading for this product which is 3907.80 which was declared by them in their declaration, whereas in Customs Tariff there was no corresponding sub-heading and they have to classify the product under Heading 3907.91 as other unsaturated polyesters. He submitted that the issue .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t is the mandatory requirement under Rule 57G of the Central Excise Rules. Further they have not produced before the Asstt. Commissioner that Valox was a Trade Mark of M/s. General Electric Co., USA. 4. I have considered the submissions made by both the sides. The requirement of the law is that the manufacturer, intending to avail of Modvat credit, has to file declaration of the inputs and the f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X