2000 (11) TMI 194

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..... xcise, Division-II, Mehsana for availing the transitional credit of Rs. 2,24,002.32 on the input 'Furnace Oil' received during the period from 29-4-94 to 24-1-95. The declaration in respect of this input was filed on 12-3-94 but no Modvat credit was taken. The Asstt. Commissioner vide his order dated 19-5-97 disallowed the Modvat credit on the ground that there was no provision under Rule 57H to a .....

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..... before me. In this case the inputs 'furnace oil' admittedly were received during the period from 29-4-94 to 24-1-95 for which the application for availing the Modvat credit was made on 10-3-95. On this date, no quantity of this input was held in stock by the assessee. The Asstt. Commissioner in his order has observed that there is no provision under Rule 57H to allow transitional credit for the in .....

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..... ledgement of the declaration made under Rule 57G, shall file a declaration under the Sub-rule with the Asstt. Commissioner of Central Excise stating that (a) such inputs are lying in the stock or received in the factory after filing the declaration made under Rule 57G. In this case, the declaration for the inputs 'furnace oil' was filed on 12-3-94 and on 10-3-95 when they applied for availing the .....

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