2000 (7) TMI 687

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gnment of imported components comprising of clack tip and latch tip on 19-7-1991 for which additional duty of Customs was duly paid under assessed bill of entry dated 9-4-1991. Thereafter the appellants wrote to their jurisdictional Central Excise authorities on 22-7-1991 as regards the receipt of the said imported inputs in their factory and their intention to avail Modvat credit on the same with a request to deface the said bill of entry. He submits that though a separate declaration was also prepared by the appellants under the provision of Rule 57G, but the same could not be filed inadvertantly. He submits thereafter credit was taken in RG-23A Part-II and copies of the said statutory records in Part-I and Part-II were duly annexed with ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tice is barred by limitation. In support of above submissions he places reliance upon the various Tribunal's judgments. 4. Shri R.K. Roy, ld. JDR appears for the Revenue and submits that it is a necessary procedural requirement to file a declaration under Rule 57G before a credit can be taken by the assessee. This having not admittedly done by the appellants, availing of Modvat credit was irregular. As regards the limitation he submits that since the appellants have availed the Modvat credit without filing the declaration, the Revenue was justifying in invoking longer period of limitation. 5. In his rejoinder ld. Advocate submits that declaration was subsequently filed on 6-8-1991. 6. I have considered the submission....