1998 (7) TMI 398

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....ate, for the Respondents. [Order]. - The assessees imported goods and took the Modvat credit of the CV duty paid. The rate of the CV duty initially was shown as 20% which was later corrected on the original and duplicate copies of the bill of entry as 30% and the duty was calculated and paid accordingly. On the triplicate copy however these corrections were not incorporated. Therefore althou....

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....ntainers (P) Ltd. reported in 1994 (73) E.L.T. 702 (Tribunal) held that credit once taken did not disentitle the assessee from taken additional credit. He held that the right conferred on the assessee to avail the credit could not be taken away when the claim was duly supported by duty paying documents. Against this finding of the Commissioner, the Revenue have filed this appeal. 2. Shri Y....

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....996 (87) E.L.T.157 (Tribunal) he claimed that the provisions could not be retrospectively applied. 3. I have carefully considered the rival claims made. 4. The provision that credit has to be taken within six months of the date of eligible documents was incorporated in the Act only from 29-6-1995. The credit on the Bill of Entry was taken earlier. However, the amount of credit take....