2001 (2) TMI 444

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.... appellant filed a declaration for availing the benefit of Modvat credit on capital goods whereby they declared parts of Gangsaw machine and vide letter dated 14-6-1994, the appellant filed a detailed list of capital goods on which they intend to take credit and at Serial No. 7 of the list, was the machine in question. He submits that thereafter, the Revenue wrote that the declaration is in respect of Gangsaw Machine was not proper and in response to this, appellant filed afresh declaration on 15-7-1994 in respect of Gangsaw machine. Learned Counsel submits that Rules 57G and 57T of Central Excise Rules is amended vide Notification No. 7/99-C.E. (N.T.), dated 9-2-1999. The amended rule provides that credit shall not be denied on the ground ....

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....ground that the proper declaration was filed after the period of 3 months from the date of the receipt of the machine. Appellants filed a declaration on 11-5-1994 in respect of the parts of Gangsaw machine. This declaration was not disputed by the Revenue. The only objection of the Revenue is that in this declaration, there was no mention of Gangsaw machine and without filing any declaration the appellants are not entitled for the benefit. 8. Vide Notification No. 7/99-C.E. (N.T.), dated 9-2-1999, the Rules 57G and 57T are now amended and the Larger Bench of the Tribunal in the case of Kamakhya Steels (P) Ltd. (supra) after taking into consideration the amendment to the Rule and the Circular dated 23-2-1999, gave a direction to the lo....

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.... of the documents, mentioned in sub-rule (3) does not contain all the particulars required to be contained therein under these rules, if such document contains details of payment of duty, description of the goods, assessable value, name and address of the factory or warehouse; (ii)       the declaration filed under sub-rule (1) does not contain all the details required to be contained therein or the manufacturer fails to comply with any other requirements under sub-rule (1) :" He submitted that circulars are binding on the authorities functioning under the statute. Referring to the Circular No. 441/7/99, dated 23-2-1999, he said that Circular was issued to follow certain guidelines in respect of Notification ....