2005 (6) TMI 372

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.... Bedi, DR, for the Respondent. [Order]. - In this appeal, which has been filed against the impugned order-in-appeal, the issue relates to the denial of the Modvat credit of the amount of Rs. 1,46,090/- to the appellants. 2. I have heard both sides and gone through the record. The learned counsel for the appellants has contended that initially credit of Rs. 16,234/- on the duty paid o....

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....d of six months within which an assessee can avail the credit from the date of issuance of the modvatable documents. The Bill of Entry is one of the documents indicated in that rule on the basis of which an assessee can avail the Modvat credit within the prescribed period. The appellants, therefore, could avail the credit on the strength of the Bill of Entry in question, of the amount of additiona....

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....e amount which they did not initially avail within the prescribed period of six months. 3. Apart from this, the belief of the appellants that initially they took credit of inadequate amount, also appears to be fanciful. From the perusal of the copy of the Bill of Entry produced by the counsel during the course of arguments, it is evident that the additional duty paid by the appellants at t....