9911796707
TMI Blog2004 (3) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... 14-5-2003 by which the learned Commissioner (Appeals) has held that under the first proviso to Rule 57G(2) inserted w.e.f. 29-6-95, the time-limit of six months has been prescribed for availment of credit. 2. Heard Shri Krishnakumar, in-charge of the Stores of the appellant company who has filed a written submission in the Court today. He submits that they have taken the entry in the RG 23A Part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as they have made entries in RG 23A Part I before expiry of 6 months. He, further, submitted that for utilisation of Modvat credit, there is no time-limit and they can utilise as and when they have to clear the goods and such earned credit can be kept in credit for any period and no time-limit is there for utilising it towards payment of duty. In this connection, Shri Krishnakumar relies on the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a small amount and they request that they should be allowed to take this credit also in their Cenvat credit account. 3. Heard ld. DR Shri C. Mani who reiterates the stand of the department. 4. I have carefully considered the submissions made by both the sides and find that in view of the submissions made by the representative of the appellant-company that they have availed the Modvat credit b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, since they have already debited an amount of Rs. 4,651/- and they have not appealed against this amount, no order can be passed for this amount. Therefore, the Modvat credit of Rs. 17,422/- claimed by them was legal and proper. In view of above facts and circumstances, I set aside the impugned order passed by the Commissioner (Appeals) and allow the appeal. Ordered accordingly. X X X X Extracts X X X X X X X X Extracts X X X X
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