1997 (3) TMI 322

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....tter dated 27-8-1989. 1.3 A show cause notice dated 7-2-1995 was issued by the Revenue to the appellants herein asking them to show cause as to why the Modvat credit to the tune of Rs. 72,793.07 be not denied to them for the various inputs brought by them during the aforesaid period. The lower authorities have denied the benefit of the Modvat credit during the aforesaid period and they have asked the appellants to pay back the aforesaid amount of Modvat credit since utilised by them. Hence this appeal before the Tribunal. 2. Ld. Consultant, Shri K.K. Bhattacharjee drawing attention to the enclosure to the show cause notice submits that entries at Sl. Nos. 1 to 11 in respect of Modvat credit taken by them and which are now disall....

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....at credit is to be counted from the date of taking of the Modvat credit as par the provisions of Rule 57-I as it stood during the relevant period i.e. 13-7-1994 to 7-2-1995 i.e. the date of issuing the show cause notice. Therefore, I hold that the show cause notice disallowing the Modvat credit for the period 13-7-1994 to 5-8-1994 in respect of Sl. Nos. 1 to 11 is time barred. 3.2 As regards the remaining entries, ld. Consultant submits that the case falls into three groups as follows : Sl. No. Date of taking credit Description of input actually brought   Declaration of input (a) 12 to 13 12-8-1994 Round/7207.90   Steel Round/7209.90 (b) 14 to 15 8-8-1994 Norma/8311.00 (brand name of Welding Electrode)   ....

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....rly, for the 3rd Group, I observe that 'Steel Forgings' have been declared by the appellants whereas the invoices on which the said inputs have been brought, the description of the goods is "Proof Machined Forging Article" (Round). It cannot be disputed as held by a number of decisions of the Tribunal i.e. 'Steel Forging' remains a forging till the stage of proof machining. Therefore, the goods actually brought as an input tally with the description as declared by the appellants in their declaration under Rule 57G i.e. Steel Forging. 3.5 At this stage; ld. SDR, Shri K.K. Biswas points out that the invoices indicate that they have been cleared under Headings 84.83 and 84.55 which are headings for parts of machineries and, therefore, wh....