2002 (2) TMI 1143

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....ahey, JDR, for the Respondent. [Order]. - Having examined the records and heard both sides, I am of the view that this appeal itself requires to be finally disposed of at this stage. I, therefore, allow the present application and proceed to deal with the appeal. 2. The appellants had taken Modvat credit of Special Excise Duty on concentrate for aerated water falling under Chapter He....

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....ose. The assessee is aggrieved by this decision of the authorities. Their contention is that the date relevant for the purpose of availment of Modvat credit under Rule 57A of the Central Excise Rules, 1944 is the date on which the modvatable document is issued. They have raised a plea that the right to take Modvat credit of the duty paid on the input vests in the manufacturer of final product on t....

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....- "Because as even earlier submitted before the lower authority, the date of invoice is emphasized several times in Rule 57G. It determines the date on which a purchaser of inputs acquires vested right to take a credit, and utilise it for payment of the duty on the final products using those inputs subject only to procedures, such as declarations etc. which can be waived or condoned. Any amendm....

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....h the input is received is issued. Apparently, this issue has been sidestepped by the lower appellate authority, obviously on account of non-application of mind. In this context, Sub-rule (5) of Rule 57G also seems to be relevant. That sub-rule provides a period of limitation of six months for availment of inputs-credit. That period of limitation shall be reckoned from the date of issue of the Mod....