9911796707
TMI Blog2000 (5) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... enue s appeals against the order-in-appeal No. 169/97, dated 7-9-1997 the short point for consideration is whether the credit taken by the respondents under the Modvat Scheme six months after the receipt of the inputs on the certified copy of the gate pass as the original copy of the gate pass had been lost in transit, is hit by limitation. 2. Heard Shri S. Kannan, learned DR and Shri Naseer Abd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrary, credit has been denied. Therefore, the case law cited by the Revenue has no application to the impugned order. He further submits that the matter is covered by the decision in the case of Bhushan Steel Strip Ltd. v. CCE as reported in 1999 (114) E.L.T. 964 wherein it has been held that the six months restriction for taking Modvat credit introduced by Notification No. 28/95- C.E., dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble at all. He submits that by this Circular also credit has been rightly taken. 4. On consideration of the submissions, I find that it is now well laid down that the six months limit for taking credit from the date of receipt of the goods in the assessee s factory under Rule 57G(2) has to be computed only from the date of the amendment noted above and it does not have retrospective effect. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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