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TMI Blog2007 (8) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... has appealed against the order of the Commissioner (Appeals) made on 20-7-2005 setting-aside the order-in-original, by which Modvat credit amount of Rs. 1,23,300/- availed by the respondent on Closed Loop Water Chilling Machine was disallowed and recovery ordered besides imposing penalty of Rs. 15,000/- on the respondent. 2. The respondent has taken Modvat credit on 28-1-1998 in respect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r held that the finding of the adjudicating authority, that the relevant date was to be computed w.e.f. 30-12-98 when the original copy of invoices was submitted, was absolutely incorrect and that there was no basis for coming to such conclusion. The order-in-original was, therefore, set-aside. 4. The authorised representative (DR) for the department submitted that since the original invoice was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacturer, or an assessee, the proper officer may, within six months from the date of filing of the return as per Rule 57T(10), or within six months from the last date on which it was to be filed under the said rules, serve the show cause notice for disallowance of the credit. Under sub-rule (10) of Rule 57T, a manufacturer of the final products was required to submit a return within five days aft ..... X X X X Extracts X X X X X X X X Extracts X X X X
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