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TMI Blog2008 (9) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... r>Deepak Gupta and V.K. Ahuja, JJ. Shri Sandeep Sharma, ASG, for the Petitioner. S/Shri Sudeep Bhangoo and Rahul Mahajan, Advocates, for the Respondent. [Order per: Deepak Gupta, J.]. - This Excise Reference was admitted on the following question of law:- Whether the Tribunal was correct in allowing Modvat credit in terms of Rule 57Q of the Rules in respect of capital goods where the statutory declarations as required under Rule 57T of the Rules was not filed by the party within the prescribed/ extended time? 2. The brief facts giving rise to this petition are that the industry M/s. Superior Air Products Limited, Barotiwala is engaged in manufacture of gases and compressed air. The industrial unit was set up between 12-2-1994 and 11-3- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ckoned from the said date. The appeal was rejected. Hence the present petition has been filed before this Court. 6. We have heard Shri Sandeep Sharma, learned Assistant Solicitor General for the petitioner and Shri Sudeep Bhangoo learned counsel for the respondent. 7. The stand of the department is that the language of Rule 57T is very clear that the factory/unit should inform the excise department within one month of the receipt of the capital goods to claim credit under the MODVAT scheme. It is urged that whether the factory came into existence or not, if the party wants to claim credit under MODVAT scheme, it must file the returns within one month as prescribed and the maximum extended period which can be condoned is two months. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on sufficient cause being shown to him, allow the filing of the declaration." 10. Factory has been defined in Section 2(e) of the Central Excise Act, as follows :- 2(e) "factory" means any premises, including the precincts thereof, wherein or in any-part of which, excisable goods other than salt are manufactured, or wherein or in any part of which any manufacturing process connected with the production of these goods is being carried on or is ordinarily carried on; Manufacture has been defined in Section 2(f), as follows :- "manufacture" includes any process - (i) incidental or ancillary to the completion of a manufactured product; and (ii)which is specified in relation to any goods in the Section or Chapter notes of the First Sched ..... X X X X Extracts X X X X X X X X Extracts X X X X
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