TaxTMI 
TaxTMI 
1995 (9) TMI 189
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....against the order of the Collector of Central Excise(Appeals), Madras, who by his order allowed the respondents the benefit of MODVAT Credit taken by them on RG 23A Part II account on a date later than the date of receipt of the goods in their factory for a period ranging from 3 days to 2 months. The Revenue have urged the following grounds : 1. The order of Collector (Appeals) is erroneou....
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....is a clear violation of Rule 57G inasmuch as the credit has not been taken immediately on receipt of the inputs in the factory. 2A. Collector (Appeals) has relied on the Tribunal's decision in the case of CCE v. Mysore Lac and Paint Works Ltd. reported in 1991 (52) E.L.T. 590. The facts and circumstances in the present case are different from that of the case referred to. The Tribunal have....
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.... the date of entry in Part. I register which is contrary to law. Collector (Appeals) has failed to apply the rule in the present case and allowed the credit to be taken at a later date. 2.  The learned Collector (Appeals) relying on the decision of this Bench in the case of CCE v. Myore Lac and Paint works Ltd. reported in 1991 (52) E.L.T. 590 has held as under : In that, as well as in ....
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....dit is placed in a better footing than higher notional credits, and hence, I find every reason to extend the ratio laid down by the Tribunal to the facts of this case involving belated availment of regular credits (undisputedly within six months from the date of receipt of the inputs.). 3.  The respondents have sought for decision on merits. 4.  We observe that MODVAT Credit has to....