2000 (10) TMI 694

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....JDR, for the Respondent. [Order]. -  The Assistant Commissioner of Central Excise, Division Saharanpur vide his order dated 30-12-1997 disallowed the Modvat cradit amounting to Rs. 2,88,234/- to the appellants. The Modvat credit is taken on 16-3-1996 on the strength of the invoices issued during the period 28-1-1995 to 31-3-1995. It is stated that the credit is taken after expiry of six....

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....nputs like HR Plate/Sheets/Coils and Angles etc. which are used for the fabrication of storage tanks in their own factory. It is stated that the party had written a letter dated 18-10-1995 to the Assistant Commissioner, that they were taking credit in seperate RG 23A Pt. I and Pt. II on the above inputs. They also intimated that they will transfer these amounts to the main RG 23A Pt. II and consum....

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....eperate RG 23 A Pt. I and II and intimated the Department about it. Therefore, it is claimed that taking of the Modvat credit is not beyond a period of six months. This contention of the party cannot .be countenanced. The Form RG 23A is in two parts Pt. I relates to the Account of the stock of inputs for use in or in relation to the manufacture of 'final products' and Pt. II is the 'Entry book of ....

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....The departmental authorities have not been given any power to condone the delay in taking the Modvat credit. However, it is observed that though in the show cause notice dated 26-9-1996 it is mentioned, "Even if assessee's letter dated 18-10-1995, submitted as an intimation under Rule 57H, is considered the credit claimed is beyond six months." It is observed that there are no findings recorded in....