2005 (6) TMI 372

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..... been filed against the impugned order-in-appeal, the issue relates to the denial of the Modvat credit of the amount of Rs. 1,46,090/- to the appellants. 2. I have heard both sides and gone through the record. The learned counsel for the appellants has contended that initially credit of Rs. 16,234/- on the duty paid on the imported inputs on the strength of Bill of Entry in question dated 30-1-19 .....

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..... ssuance of the modvatable documents. The Bill of Entry is one of the documents indicated in that rule on the basis of which an assessee can avail the Modvat credit within the prescribed period. The appellants, therefore, could avail the credit on the strength of the Bill of Entry in question, of the amount of additional duty, paid by them on the imported inputs within a period of six months. They, .....

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..... months. 3. Apart from this, the belief of the appellants that initially they took credit of inadequate amount, also appears to be fanciful. From the perusal of the copy of the Bill of Entry produced by the counsel during the course of arguments, it is evident that the additional duty paid by the appellants at the time of clearance of the inputs (component parts), was only Rs. 16,234/- and as suc .....

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