1997 (1) TMI 185

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....hich were not available for verification. 2. The learned Counsel referred us to the questions of law as formulated and the same are reproduced below :- (i) Whether in the facts and circumstance of the case, the Tribunal was correct in deciding the issue against the petitioner more particularly when the decision of the Tribunal in 1991 (56) E.L.T. 863 and 1991 (55) E.L.T. 128 are in favour of the petitioners. (ii) Whether in the facts and circumstances of the case, the petitioner could avail credit for the goods lying in stock as on the date of filing of declaration under Rule 57G of CER even without pursuing the procedure as contemplated under Rule 57H of CER. (iii) Whether the satisfaction of the Asstt. Comm....

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....after filing of the declaration under Rule 57G on being pointed out by the Bench, he fairly conceded that this plea was not taken before the Tribunal. He however urged that this fact will be borne out by the records and the appellant cannot therefore be non-suited for the absence of the plea when the records support him in this regard. 3. The learned DR urged that the satisfaction of the Asstt. Collector for the purpose of grant of Modvat credit under Rule 57H could be based only on verification of the goods which may be available and the documents under the cover of which the same had been received. 4. We have considered the pleas made by both sides. We observe the plea in the context of the availability of the Modvat credi....