9911796707
TMI Blog2002 (7) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... , JDR, for the Respondent. [Order]. Duty of Rs. 4,42,306.35 (Rupees four lakhs forty-two thousand three hundred and six and paise thirty-five) has been confirmed against the appellants by denying them part of the Modvat credit on the ground that they had availed credit in respect of capital goods to the extent of 100% CVD paid on the said capital goods, whereas in terms of Notification N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x.), show cause notice issued on 7-4-2000 is barred by limitation, inasmuch as the same is issued after a period of six months from the date of filing of RT-12 returns. He is, however, not able to give an exact date of filing of RT-12 returns. 3. Shri A.K. Pandit, learned J.D.R. appearing for the Revenue, submits that the appellants became entitled to take credit in the year, 1999 when the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Modvat credit arises only on the date of actual installation of the capital goods or the actual use of the said goods in the manufacture of the final product in their factory. The appellants have also not contradicted the above legal position. However, their contention is that inasmuch as the goods were received in the factory prior to 1-3-97, they should be allowed to avail the entire credit of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has been issued after a period of six months. However, they have failed to produce on record any evidence reflecting that the return was filed by them by 5th of the next month, thus making the show cause notice issued on 7-4-2000 as being barred by limitation. However, in the interest of justice, I would like to give the appellants another opportunity to produce the said documents before the ori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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