2005 (5) TMI 466

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..... The appellants took Modvat Credit of Rs. 1,19,273/- on inputs on 28-3-99 on the basis of invoice dated 31-8-98. The department found that this was beyond six months prescribed under Rule 57G of the Central Excise Rules, 1944. Accordingly, in a show cause notice, they proposed to disallow the above credit. This proposal was sustained by both the authorities below. Hence the present appeal. .....

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..... considered submissions. The learned Counsel has stressed the fact that, even though credit was availed beyond six months from the date of the relevant invoice, the inputs were entered in RG 23A Part I within six months from the date of invoice. Argument of the learned Counsel is that the period of six months prescribed under Rule 57G for availment of input duty credit should be reckoned, in the p .....

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..... in the first proviso to sub-rule (1) of the Central Excise Rules, 1944. This ruling of the Hon ble Apex Court is clear enough to cover the instant case. The date on which the inputs might have been entered in Part I of the RG 23A account is irrelevant. What is relevant is the date on which the credit entry was made in Part II of the said account. This date, in the instant case, is undisputedly bey .....

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