9911796707
TMI Blog2009 (6) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... hatia, J.]. - At the request of the Commissioner of Central Excise, the appellant, this reference was made by the Customs, Excise and Gold (Control) Appellate Tribunal (In short 'CEGAT') and the following question has been referred to this Court for consideration and decision. "Whether gate passes issued prior to 1-4-94 but endorsed after that date would fall under the coverage of entry no. 10 in the Table to the Notification No. 16/94-C.E. (N.T.), dated 30-3-94 and would consequently become eligible documents for taking credit under the Modvat Scheme ?" Admittedly prior to Notification No. 16/1994-C.E. (N.T.), dated 30th March, 1994 under Rule 57G of the Central Excise Rules, 1944, credit of Modvat was given. As per the position prevai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of the duties paid on the goods. From the language of the said Notification, it is clear that benefit could be given if the documents would have been issued before the 1st April and credit had been taken on or before 30th June, 1994. From this it is clear that gate-passes could be issued before 1st April, 1994 and the benefit of credit could be taken on or before 30th June, 1994. Transaction of sale or re-sale could take place any time prior to 30th June and on endorsement of same being made, benefit could be taken on or before 30th June, 1994. The language of the Notification nowhere requires that the endorsement should also be made before 1st April, 1994. According to the Revenue, endorsement should also have been made on the gate-pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel also pointed out that the Central Board of Excise Customs has issued Circular No. 600/37/2001-CX., dated 19th November, 2001 wherein it is specifically stated that judgment of Gujarat High Court in the reference of M/s. Krishna Chemicals, Ahmedabad passed on 22-11-2000 wherein it was held that gate passes issued prior to 1-4-1994 but endorsed thereafter would be valid documents for availment of credit, subject to credit being taken on or before 30th June, 1994 has been accepted by the Board and instructions were issued that all the pending cases be decided by following the ratio of judgment. It appears that reference in Krishna Chemicals was decided by the Gujarat High Court along with the reference in case of Gujarat Medicraft Pvt. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
