2007 (3) TMI 532

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..... [Order]. The relevant facts of the case in brief are that the appellants are engaged in the manufacture of Transformers and parts thereof. The appellants had taken credit of Rs. 3,81,313/- in their RG 23 A Part II register on the strength of challan issued under Rule 57F(4) of the erstwhile Central Excise Rules, 1944. The inputs were removed under the cover of said challan for further proces .....

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..... notice, it reveals that there is no dispute that the appellants had taken the credit on the basis of challan issued under Rule 57F(4) of the said Rules. Sub-rule (7) of Rule 57F of the said Rules provides that notwithstanding anything contained in Rule 57A, the manufacturer shall be eligible to take credit of an amount equal to the amount debited by him under sub-rule (6) when the inputs or part .....

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..... days would not apply when initial credit was taken within the prescribed period under Rule 57G(5) of the said Rules. In this case, the appellant availed the initial credit within the time limit as prescribed under Rule 57G(5) of the said Rules. As such, the demand of duty is not sustainable. The impugned order is set aside and the appeal is allowed with consequential relief. (Pronounced and dic .....

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