1998 (4) TMI 247

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....steel castings and forgings were also filed by them and got acknowledged on 5-8-1987. In their letter dated 5-8-1987 submitted along with the declaration, they had claimed Modvat credit in respect of inputs in stock and in process as on 29-7-1987 under the provisions of Rule 57H. Though, the details of such inputs were not furnished, it was also stated in the said letter that since they were not under excise control, they had not insisted on GP1s from the consignors and purchased the inputs from the open market. In the circumstances, they requested that they may be granted the benefit under the said Rule 57H. 2. The respondents in August, 1987 itself submitted a statement of inputs and finished stock containing inputs as on 29-7-198....

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....verification carried out by the Supdt. on Bill No. 82 actually covered the entire statement with respect to particulars of description, quantity and the stock as on 29-7-1989 as furnished by the appellants. Subject to the verification of the factual position as above, the Modvat credit claimed by the appellants under Rule 57H(1) of the Central Excise Rules, 1944 is held to be admissible to them." 6. Hence this appeal before the Tribunal. 7. Ld. JDR, Shri Nunthuk, has reiterated the findings of Assistant Collector as already stated above. As against the aforesaid Shri Piyush Goyal, Director of the respondent company has stated that the statement was duly given in August, 1987 itself. Subsequent statements given after 17 month....