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TMI Blog2001 (2) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessees to avail Modvat credit of the duty paid on the strength of such invoices. Correspondingly, the Government issued Notification No. 16/94-C.E.(N.T.), dated 30-3-1994 under which inter alia the Gate Passes issued before 1-4-1994 were prescribed to be the valid documents for the purpose of availing the Modvat credit thereon even after this date but before 30-6-1994. The relevant portion of this notification is extracted below : In exercise of the powers conferred by rule 57G of the Central Excise Rules, 1944, the Central Government hereby prescribes the documents specified in column (3) of the Table hereto annexed and issued under the authority of the Central Board of Excise and Customs or the Central Excise Rules, 1944 specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d notification that the documents indicated in the Table, annexed to this notification were valid for the purpose of Rule 57G provided they had been issued before 1-4-1994 and the credit under the said Rule had been taken on or before 30-6-1994, that the credit could be said to have been taken only after credit entries were made in RG. 23A Pt. II and that the entries in RG. 23A Pt. I merely signify receipt of the inputs in the factory. He, therefore, held that the party failed to take credit in respect of two Gate Passes before 1-7-1994 and therefore, they were not eligible to claim the benefit under the stated notification. He confirmed the recovery of Rs. 2,20,463/- on the party under Rule 57-I read with Section 11A of the Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision, the ld. Single Member has relied on an earlier unreported decision of the Tribunal in the case of M/s. Kerala Electronics Devpt. Corp. v. CCE Cochin Order No. 1011/96. The relevant portions from this decision are also extracted by the ld. Single Member. It is observed as follows : 6......................... In the present case, the goods have been cleared under GPs which were issued before 1-4-1994. The issue therefore that has to be addressed is whether by a notification issued under Rule 57G authorities can restrict the period upto which the Modvat credit could be taken on GPs issued before 1-4-1994 upto which date it was permissible and required to clear the goods on GPs. Once the GP was held to be a legal document for clearanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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