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TMI Blog2002 (5) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... f Modvat credit and that such credit could be taken only on the strength of triplicate copy of the Bill of Entry under Rule 57G (3) of the Central Excise Rules, 1944. The party, therefore, applied to the Assistant Commissioner of Customs on 20-1-98 for issue of a certified copy of the triplicate copy of the Bill of Entry for the purpose of availment of Modvat credit of the CVD paid on the inputs. The application was accepted and a reconstructed triplicate copy of the Bill of Entry was issued to the party. This document, however, was not accepted by the original and first appellate authorities, who disallowed the Modvat credit on the ground that the original triplicate copy of the Bill of Entry was not produced by the party. Hence the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tified reconstructed triplicate copy of the Bill of Entry. 3. Ld. JDR Sh. S.C. Pushkarna for the Revenue submits that sub-rule (6) of Rule 57G relied on by ld. Counsel was introduced only on 2-6-98 and the same had no retrospective effect. The Modvat credit in question was taken in June 1997, during which period there was no provision permitting Modvat credit on imported inputs to be taken on the strength of any document other than triplicate copy of the Bill of Entry. Ld. DR further submits that this legal position has not been considered in any of the cited cases. He prays for sustaining the impugned order. 4. Considered the submissions. There is no dispute of the legal position that, during the material period, the duty-paying docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stantial compliance with the requirement of Rule 57G and, therefore, the credit taken by the assessee was held admissible. I find that the Modvat credit in question in that case was for a period prior to 2-6-98, the date on which the new sub-rule (6) of Rule 57G came into force. In Hemant Plastic Chemicals (supra), the original triplicate copy of Bill of Entry was lost and Modvat credit on the imported inputs was taken on the basis of a reconstructed triplicate copy of the Bill of Entry and such credit was allowed by this Tribunal. Again, in the case of Poddar Pigment (supra), it was held that a reconstructed triplicate copy of Bill of Entry was a valid document for availment of Modvat credit subject to verification by the jurisdictional ..... X X X X Extracts X X X X X X X X Extracts X X X X
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