TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the period for taking credit under Rule 57G of the Central Excise Rules, 1944 is to be reckoned from the date of entry in RG-23A Part-I or Part-II Register, or from the date of issuance of the document specified in Rule 57G(3).
Analysis: Rule 57G(5) prescribes that credit shall not be taken after six months from the date of issue of any document specified in Rule 57G(3), and after nine months in the case of intermediate products received under Rule 57J. The relevant trigger is therefore the date of issuance of the eligible document, such as an invoice or bill of entry, and not the date on which entries are made in RG-23A Part-I or Part-II. The registers merely record stock and credit, whereas the limitation for availing credit is fixed by the statutory wording of Rule 57G itself.
Conclusion: The time limit for availing credit is to be counted from the date of issuance of the document under Rule 57G(3), not from the date of entry in RG-23A Part-I or Part-II Register.
Final Conclusion: The reference was answered by declaring the applicable limitation trigger for credit under Rule 57G, and the matter was left for further decision by the Single Judge on the basis of that answer.
Ratio Decidendi: Where a rule expressly links availment of credit to the date of issue of specified documents, the limitation period cannot be shifted to the date of bookkeeping entries in related registers.
TaxTMI 
