9911796707
TMI Blog2001 (8) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... was taken up for hearing on granting the prayer of waiver of pre-deposit as made in the application. 2. The appellants took Modvat credit of duty paid on inputs received against 5 invoices and one B/E. Credits were taken later than six months of the dates of issue of invoices and in the case of the goods imported, on the date on which the B/E was filed and on which the duty was paid. Show cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he present appeal before the Tribunal. 3. I have perused the Tribunal's cited judgment which dealt with the case where incremental credit was taken on finding that short credit had earlier been taken. The Tribunal had observed that there was no time-limit set out under the Rules. It is not known why the ld. Commissioner relied upon the judgment, inasmuch as the time-limit had been introduced in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erally speaking, the covering documents and the goods would enter the user's factory together. The situation where the B/E is filed, however, is entirely different. The B/E can be filed even before the ship carrying the goods enters port. The date of filing of the B/E has no relevance to the physical movement of the goods covered thereunder. The Bill of Entry after filing would be assessed. Then, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-rule (3) ......" I, therefore, find that the claim made by Shri Jain that the framers of the rule had deliberately not made the date of issue of the B/E to be the relevant date as correct. 5. Thus the bar imposed would not be attracted where the goods are received under the cover of Bill of Entry. In the present case, the bar would continue to apply as regards the denial of Modvat credit on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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