https://www.taxtmi.com/caselaws?id=166948 Rule 57G of the Central Excise Rules, 1944 authorised the Central Government only to prescribe documentary requirements and the procedure for availing Modvat credit; it did not permit the imposition of a time limit that extinguished an accrued substantive credit under Rule 57A. A notification requiring credit to be taken by 30 June 1994 therefore went beyond the rule-making power under Rule 57G and operated impermissibly as lapsing of already accrued credit, when no enabling provision then existed for such lapsing. The later retrospective insertion of lapsing power did not govern the case. The time-limit condition was held ultra vires and the assessee remained entitled to the Modvat credit. en-us Mon, 14 Mar 2011 00:00:00 +0530 Mon, 17 Nov 2014 09:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=166948 Rule 57G of the Central Excise Rules, 1944 authorised the Central Government only to prescribe documentary requirements and the procedure for availing Modvat credit; it did not permit the imposition of a time limit that extinguished an accrued substantive credit under Rule 57A. A notification requiring credit to be taken by 30 June 1994 therefore went beyond the rule-making power under Rule 57G and operated impermissibly as lapsing of already accrued credit, when no enabling provision then existed for such lapsing. The later retrospective insertion of lapsing power did not govern the case. The time-limit condition was held ultra vires and the assessee remained entitled to the Modvat credit. Case-Laws Central Excise Mon, 14 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=166948