2000 (9) TMI 352

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...., Advocate, for the Respondents. [Order per : S.S. Sekhon, Member (T)]. - This appeal has been filed by Revenue against an order in favour of manufacturer of motor vehicles, who had availed credit of Modvat on the inputs/capital goods. The department proposed to deny credit of Rs. 28,323/- availed on the inputs after 6 months from the date of issue of invoice and Rs. 22,141/- availed on elec....

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....st the portion of the order disallowing credit on the ground that it was availed beyond six months contended before the Commissioner (Appeals) that amendment to rule 57G will have prospective effect and relied on the case of Ind-Ital Chemicals - 1996 (62) ECR 326 (T) and as regards disallowance of credit on other electrical items, they pleaded that they were parts of 5000 tonnes of Hydraulic side ....

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....llowed the appeal. 2. The present appeal has been filed by Revenue on the around that Notification No. 28/95 dated 29-6-95 takes effect from 29-6-95 and would apply credits taken thereafter and it cannot be described being retrospective in nature merely for that reason and the observations in the Commissioner (Appeals) order are not correct. 3. We have carefully consider the submis....