2000 (4) TMI 496

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....nce of the following question of law purported to have arisen out of Tribunal's Final Order No. A/312/97-NB dated 9-5-1997 [1999 (109) E.L.T. 687 (Tribunal)] : "Whether notional higher credit under Rule 57B of the Central Excise Rules, 1944 can be taken at a later stage till indefinite period". 2. Notice for today's hearing was issued to the respondents; however, none appears hence I heared the ....

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....of P.P./HDPE tapes/fabrics/woven sacks falling under sub-heading 3920.32/3923.90 of the Schedule to the CETA 1985 and they were availing Modvat credit in terms of Rule 57A of the Central Excise Rules, 1944. Checking of RT 12 returns for the month of February 1993 revealed that the respondent's unit had taken higher notional credit of duty under Rule 57B on the strength of GP1s on dates subsequent ....

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.... Tribunal held that Rule 57-B (as it stood at the relevant time) has not provided for a specific limitation and, therefore, notional higher can be taken within a reasonable period following the decisions of Tribunal in the case of Collector of Central Excise, Allahabad v. M/s. Chandra Industries (Order No. A/363/96-NB, dated 29-1-1996 and two other cases, and upheld the impugned order and rejected....