2000 (9) TMI 786

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..... 3/99 (M-I), dated 25-1-1999 passed by the Commissioner (Appeals), Chennai rejecting the Modvat credit of Rs. 93,667/- on the ground that the credit had been taken beyond six months from the date of invoice and in terms of Notification No. 28/95, the Modvat credit cannot be allowed. 2. Ld. Counsel, Shri R. Raghavan for appellants submits that as long as the duty has been paid on inputs and that t .....

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..... t stipulated from the date of invoice of six months is required to be extended even if they are procedural lapse. Both the authorities have correctly noted that Modvat credit has been taken beyond the period of six months. They have also noted that period of six months had been stipulated limit laid down in terms of Notification No. 28/95. Where a statute lays down a period, same cannot be relaxed .....

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