2001 (2) TMI 630

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....]. -  The appellant is the manufacturer of watch components, meter parts and quartz clock parts falling under chapters 91 and 92 of the Schedule to the Central Excise Tariff Act, 1985. They were availing Modvat credit on the inputs in terms of the provision of the Rule 57A of the Central Excise Rules, 1944. They had filed a declaration dated 13-9-1993 with the concerned central excise author....

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....e original authority. The present appeal is against the above order of Commissioner (Appeals). The matter is listed today for hearing the stay petition filed by the appellants. Since the matter lies in a small premise, I grant waiver of the pre-deposit of duty to the appellants and take up their appeal for final disposal with the consent of both the sides. Shri Vinod K. Sharma, Advocate appearing ....

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....ugned item was taken by them on 23-4-1994 and the declaration was again filed on 27-4-1994. He submitted that though they had taken the credit, but the same was utilised only after the dated acknowledgement of the declaration was received by them. In any case it is contended that under Rule 57G(5), there is provision for condonation of delay in case of late submission of the declaration which is a....

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....ioner in his order has himself stated that there is a specific provision under Rule 57G(5) for condonation of delay in case of late submission of the declaration. He however, has observed that party did not apply for the condonation of delay which led to the denial of the Modvat credit to them. This is the only ground on which the Modvat credit has been denied to the appellants. It is observed tha....