1990 (7) TMI 257

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....ule 57H of the Central Excise Rules, 1944 as amended in 1987, credit of duty on inputs could be availed of by a manufacturer immediately before obtaining the dated acknowledgment of the declaration and restricting the benefit in respect of the inputs to one month prior to the date of receipt of the declaration. 2. Shri A. Vijayaraghavan, Learned Consultant for the appellant submitted that when the lower Appellate Authority has not disputed the fact that the goods were purchased from the open market and deemed credit would be available under Rule 57E proviso, his reasoning that credit will be available only for a period of one month prior to the filing of the declaration, is not tenable. The Learned Consultant also in this context relied ....

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....re used in manufacture of final products which are cleared from the factory, on or after the 1st day of March 1987 and that no credit has been taken by manufacturer in respect of such inputs under any other rule or notification provided that such inputs are not used in manufacture of final product which is exempt from the whole of the duty of excise leviable thereon or is chargeable to nil rate of duty. Therefore, inputs immediately received before the dated acknowledgement of the declaration, if other conditions stated above are satisfied are eligible for Modvat credit under the Govt. of India's letter which was in force during October, 1987. The question is what is the definition of 'immediately received before dated acknowledgement'. I h....