TaxTMI 
TaxTMI 
1998 (11) TMI 310
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.... [Order]. - Nobody has appeared on behalf of the applicants/appellants. Accordingly, I have heard Shri T. Premkumar, learned SDR. 2. The applicants/appellants are seeking dispensation with the requirement of pre-deposit of duty of Rs. 2,67,681.00 denied to them as Modvat credit on the ground that no declaration was filed by them in respect of the inputs on which the Modvat credit ....
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....only after the issuance of the show cause notice and not on their own. However, nothing was discussed as regards the description of the goods vis-a-vis the declaration was made by the applicants/appellants. 3. On appeal against the above Order, the Commissioner (Appeals) observed that as the appellants had already taken and utilised the Modvat credit, provisions of Rule 57G(5) do not get a....
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.... that the Assistant Commissioner is empowered to condone the delay only for six months. As one of the consignments was received by the applicants/appellants even prior to six months' period, the same cannot be condoned. 7. I have considered the submissions made by the learned S.D.R. and have gone through the impugned order. I find that the applicants'/appellants' prayer for condonati....
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....oper interpretation of Rule 57G(5). `Allowing' the assessees to take credit of Duty can be an ex post facto sanction also and therefore, the said Rule should not be interpreted that special and requisite permission has to be taken before the sanction. Even if such an interpretation is given to this Rule, the same would only result in paper transaction inasmuch as the assessee would reverse back th....