1994 (4) TMI 154

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....espect of the inputs lying in stock as on 1-3-1986 and the inputs used in outputs during 1-3-1986 to 14-3-1986. 4. They had filed a MODVAT DECLARATION on 11-3-1986 and in this declaration itself sought permission to avail Modvat on stock of inputs lying as on 1-3-1986 (by mistake typed as 1-3-1985). This declaration was duly acknowledged. 5. Subsequently they submitted a fresh application under Rule 57H giving the full stocks/receipt of inputs on duty-paying documents. 6. The Assistant Collector has denied them the benefit on the ground that they had filed the declaration only on 11-3-1986 under Rule 57A and had not applied under Rule 57H for transitional benefit that they had submitted the stock position only on 31-3-1986 and in f....

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....d further emphasise that what is important is AC's satisfaction and in view of their late filing of declaration and even late filing of their claim under 57H, physical verification and satisfaction based thereon was not possible. Furthermore, Rule 57H does not permit any benefit on the fully manufactured goods in stock but only relates to inputs in stock. Furthermore, as mentioned by the AC, Appellants had not furnished the required details and documents and the documents prepared after filing the declaration could not be relied upon. 11. In response to a query of the Bench, the Counsel could not show the declaration dated 11-3-1986, but stated that the same has been admittedly filed as evident from AC's order and he could, if allow....