2005 (2) TMI 663

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....he Appellant. Shri A.K. Saxena, JDR, for the Respondent. [Order per : T. Anjaneyulu, Member (J)]. -  The Asst. Commissioner, Central Excise, Belapur, found that the Range Supdt. has issued Show Cause Notice to the assessee on the ground that he has availed Modvat credit by filing declaration, which does not run parallel to the procedure laid down in the Rule 57G, which they mean to s....

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....t under the Rules. Therefore, he has allowed credit of Rs. 1,93,867/- as demanded as per Show Cause Notice dated 13-4-1997 and duty amounting to Rs. 27,419/- under Rule 57(1) of the Central Excise Rules, 1944. Hence the assessee is in appeal. 2. The appellants relied upon the decision reported in the case of GAIL, (India) Ltd. v. CCE, Kanpur, [2005 (66) RLT 352 (CESTAT-Del.]. It is observe....

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.... before receipt of the capital goods. In view of these facts, the Modvat credit in respect of these capital goods cannot be denied to the appellants merely because the declaration was filed late in view of the Board's Circular dated 23-2-99. We, therefore, set aside the impugned order as far as it relates to disallowance of Modvat credit amounting to Rs. 3,91,71,898/- and hold that the appellants ....