2005 (5) TMI 466

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....ni, JDR, for the Respondent. [Order (Oral)]. - The appellants took Modvat Credit of Rs. 1,19,273/- on inputs on 28-3-99 on the basis of invoice dated 31-8-98. The department found that this was beyond six months prescribed under Rule 57G of the Central Excise Rules, 1944. Accordingly, in a show cause notice, they proposed to disallow the above credit. This proposal was sustained by both the ....

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....ble Supreme Court's ruling in the case of Osram Surya (P) Ltd. v. CCE, Indore reported in 2002 (142) E.L.T. 5 (S.C.)  4.I have carefully considered submissions. The learned Counsel has stressed the fact that, even though credit was availed beyond six months from the date of the relevant invoice, the inputs were entered in RG 23A Part I within six months from the date of invoice. Argument o....

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....the final product could not take credit of the duty paid on his input after six months from the date of issue of any of the documents specified in the first proviso to sub-rule (1) of the Central Excise Rules, 1944. This ruling of the Hon'ble Apex Court is clear enough to cover the instant case. The date on which the inputs might have been entered in Part I of the RG 23A account is irrelevant. Wha....