2001 (2) TMI 536

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.... Sankaram, Advocate, for the Respondent. [Order per : K.K. Bhatia, Member (T)]. - This is a Revenue Appeal. The brief facts in the case are that the appellants filed an application on 5-7-1996 before the Assistant Commissioner of Central Excise, Division-I, Hyderabad requesting for granting Modvat credit of Rs. 2,42,073/- on inputs received by them during the period 16-3-1995 to 30-6-1996 un....

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....of inputs received 16 months earlier, taking into consideration that the expression used under Rule 57H was "immediately before" and also the provisions of Rules 57G; he observed that a period of 6 months is a reasonable period and restricted the claim submitted by the Respondents and accordingly held that the Respondents were entitled to the Modvat credit of Rs. 1,68,952/- under Rule 57H(1B) in r....

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....of the Modvat credit cannot be denied to the appellants. Therefore, the order of the Assistant Commissioner denying the Modvat credit of Rs. 73,121.32 was not sustainable. He, accordingly, set side the order of the lower authority and allowed the appeal. 3. The Revenue are in appeal against the above order of the Commissioner (Appeals). 4. I have heard Shri Sreekumar Menon, SDR and....

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....The relevant provisions under Rule 57H(1) are extracted below : "......(1) Notwithstanding anything contained in Rule 57G, the Assistant Collector of Central Excise may allow credit of the duty paid on inputs received by a manufacturer, under any invoice or any documents as may be prescribed; by the Central Board of Excise and Customs, immediately before or after obtaining the dated acknowledge....