9911796707
TMI Blog2007 (2) TMI 457X X X X Extracts X X X X X X X X Extracts X X X X ..... filed this appeal on the ground that Modvat credit was denied and penalty was imposed on the ground that appellants had availed the credit without filing declaration under Rule 57H of Central Excise Rules and adjudicating authority wrongly condoned the delay in filing the declaration under Rule 57H of the Rules. 2. The brief facts of the case are that the appellants are engaged in the manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inputs lying in stock. 4. The contention of appellant is that show cause notice was issued for denial of credit on the ground that claim of the appellant is not admissible as the provisions of Rule 57H provides that claim of credit in respect of the goods lying in stock is maintainable in case declaration under Rule 57G has been filed. It is also alleged in the show cause notice that declaration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tainable. 6. The contention of the Revenue is that at the time of opting for the Modvat scheme the appellant filed declaration under Rule 57G for taking credit used in the manufacture of final product and thereafter filed a declaration under Rule 57H subsequently in respect of the inputs lying in stock. The applicant wants to avail the credit on inputs lying in stock as on 25th August, 1998 wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lying in stock, or are received in the factory after filing the declaration made under Rule 57G; or (b) such inputs are used in the manufacture of final products which are cleared from the factory after filing the declaration made under Rule 57G, and that no credit has been taken by the manufacturer in respect of such inputs under any other rule or notification. (c) The credit under su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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