1995 (7) TMI 205

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....e Applicants. Shri K.K. Dutta, DR, for the Respondents. [Order per : Jyoti Balasundaram, Member (J)]. - The above application has been filed in terms of Section 35G(1) of Central Excises and Salt Act, 1944 by the Revenue for reference of the following question of law purported to have arisen out of Final Order No. A/565-566/94-NRB dated 14-6-1994 :- "Whether the party is entitled for m....

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....ad already been consumed in the manufacture of final products lying in stock as on 1-3-1987, cannot be taken as inputs, as such lying in stock on that date. The Tribunal followed its own earlier order in the case of Collector of Central Excise v. Hindustan Development Corporation reported in [1990 (47) E.L.T. 376] wherein the benefit of modvat credit was extended in a situation where the inputs ha....

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....hich clearly provides that notwith- standing anything contained in Rule 57G, the Asstt. Collector of Central Excise may allow credit of duty paid on inputs received by a manufacturer immediately before obtaining the dated acknowledgement of the declaration made under Rule 57G, if he is satisfied that (a) such inputs are lying in stock or are received in the factory on or after 1-3-1987 or (b) such....

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....the sides. We agree with the learned Counsel for the respondents that there is nothing in Rule 57H to warrant allowing of credit only on inputs which are available for verification, as the Rule clearly provides that credit can be allowed on inputs used in the manufacture of final products which are cleared from the factory on or after 1-3-1987. We have also noted in the final order that the DR's o....