1999 (9) TMI 200

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..... gainst the order-in-appeal dated 8-5-1997 passed by the Commissioner of Central Excise (Appeals). In the impugned order, the benefit of Modvat credit is denied to the appellants only on the ground that Modvat credit was not taken within six months from the issuance of duty-paying documents. 2. Ld. Counsel, appearing on behalf of the appellants, submits that the goods received by the appellants w .....

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..... ht to take Modvat credit is accrued and it cannot be denied on the ground that notification restricting the period of six months for which the credit had been taken. He, therefore, prays that the appeal be allowed. 3. Ld. JDR, appearing on behalf of the Revenue, submits that the Notification No. 28/95 was issued on 29-6-1995 and after this date, the credit could only be taken within six months f .....

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..... ication has no provision to give retrospective effect to this amendment, therefore, on such goods the credit, which was received by the assessee before issuance of this notification, cannot be denied on the ground that the credit had been taken after six months from the issue of duty paying documents. Respectfully following the ratio of the above said decision of the Tribunal, the impugned order i .....

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