1997 (3) TMI 289

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....y Secretary, for the Respondent. [Order]. - Respondent is a manufacturer of excisable products falling under Chapter 42 of the Central Excise Tariff. Modvat credit had been availed by the respondents in respect of inputs used by them in the manufacture of their final product. During the relevant period they had taken Modvat credit equal to the duty paid on some of the inputs received by them....

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....decision in the case of Mysore Lac and Paint Works Ltd. reported in 1991 (52) E.L.T. 590. In the said decision the concerned assessee had initially taken Modvat credit limited to the duty actually paid by the manufacturer of the input material who had availed of the benefit of small scale exemption available under Notification No. 175/86. Since Rule 57B provided for the availment of higher notiona....

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.... piecemeal availment of credit on more than one occasion, the assessee is causing administrative inconvenience to the department. This argument did not find favour with the Tribunal which observed that by taking less credit than what he was entitled to, it is the assessee who is depriving himself of the benefit till the time he actually takes the credit. As long as the differential credit amount w....