TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Assessee's Appeal Upheld for Compliance with Modvat Rules</h1> <h3>BRAKES INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, CHENNAI-II</h3> The Tribunal upheld the assessee's appeal, confirming compliance with Modvat rules by availing credit within six months. The Revenue's appeal was rejected ... Cenvat/Modvat - Modvat credit - Time limit for taking credit Issues:1. Disputed Modvat credit availed by the assessee.2. Commissioner's rejection of Modvat credit based on input document dates.3. Applicability of Rule 57G(2A) in allowing Modvat credit.4. Compliance with Modvat rules regarding availing credit within six months.5. Decision on appeals filed by both the party and revenue.Issue 1: Disputed Modvat credit availed by the assesseeThe assessee, engaged in manufacturing parts of Motor Vehicles, availed Modvat credit under Rule 57A/Q. The Commissioner disallowed credit of Rs. 18,072/- and Rs. 1,00,362/- based on invoice dates. The assessee appealed against this decision.Issue 2: Commissioner's rejection of Modvat credit based on input document datesThe Commissioner rejected Modvat credit on the grounds that the input document dates did not align with the credit availed dates. The Commissioner denied credit for Appeal No. 203/2000 (M-II) but allowed credit for Appeal No. 204/2000 (M-II) based on Rule 57G(2A) applicability during the period.Issue 3: Applicability of Rule 57G(2A) in allowing Modvat creditThe Commissioner's decision to allow Modvat credit for Appeal No. 204/2000 (M-II) was based on the applicability of Rule 57G(2A) during the relevant period. This rule governed the grant of credit within the specified time frame, leading to the allowance of credit in this instance.Issue 4: Compliance with Modvat rules regarding availing credit within six monthsThe assessee argued that they had availed the credit within six months as per records and Circular No. 275/109/96-CX. They provided evidence of taking credit in RG 23A, Part-I within the stipulated time frame, which was confirmed by the Commissioner. The compliance with the six-month rule was crucial in determining the regularity of credit availed.Issue 5: Decision on appeals filed by both the party and revenueThe Tribunal upheld the assessee's appeal, citing compliance with the Board's circular and confirming the regularity of credit availed within six months. On the other hand, the Revenue's appeal was rejected as the Commissioner's order granting Modvat credit was found to be in accordance with the law and rules applicable during the period. Both appeals were disposed of accordingly, with the party's appeal allowed and the Revenue's appeal rejected.
TaxTMI 
TaxTMI 
