1995 (3) TMI 222

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ian, Advocate, for the Respondent. [Order per : V.P. Gulati, Member (T)]. - This Reference Application arises out of the order of the Tribunal bearing No. 807/1990. The Tribunal in the order following the ratio of the decision of this Bench in Order No. 416/90, has held that the appellants were entitled to take Modvat credit in respect of the duty paid subsequent to the receipt of the inputs....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....urt : "Whether in the facts and circumstances of this case the order of the Tribunal, holding that in the absence of any prohibition, Rule 57A by itself is the authority for allowing the credit where duty in respect of the goods is paid subsequent to the date of receipt of the goods in the factory, is correct in law?" The learned JDR for the Department reiterated the pleas urged in the Refer....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o the time of removal from the factory for a variety of reasons like finalisation of provisional assessments, short levy due to mistake on the part of the assessee or even the Department etc. In such cases, it will be entirely wrong to deny the benefit of Modvat credit in respect of such duty payments. The specific provisions of Rule 57E, after its amendment from 1-3-1987 does not go against the s....