Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2002 (2) TMI 1139

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . - The respondents manufacture iron and steel products falling under Chapter 72. The Assistant Commissioner of Central Excise, Patiala, vide his order, dated 8-3-99 has observed that the respondents availed the Modvat credit of Rs. 1,13,511.05 on the alloy steel ingots falling under Chapter Heading 7204.00. He has observed that the party did not make any declaration with regard to this item und .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of duty payment by the original manufacturer. The details relating to these are as follows :- (i)      The Modvat credit of Rs. 2,49,671.80 taken on the strength of invoices issued by M/s. R.P. Steel Industries. (ii)     The Modvat credit of Rs. 63,900/- is availed on the strength of the invoices issued by M/s. Star Wire (India) Limited. (iii)  .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... DR for the appellants and Shri K.K. Anand, ld. Advocate for the respondents. I have considered the submissions made before me. Sub-rule (9) of Rule 57G at the relevant time provided that where a manufacturer for sufficient reason was not in a position to make a declaration under sub-rule (1) and makes the declaration subsequently, the Assistant Commissioner may subject to the provisions of sub-rul .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... therefore rejected. As regards the appeal relating to the Modvat credit availed on the invoices issued by the dealers which did not contain the particulars of the duty payment by the original manufacturers, the ld. Counsel for the respondents submits that they have since collected supplementary documents to establish the particulars of duty payment by the original manufacturers in each case. In th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates