2007 (2) TMI 457

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....am, SDR, for the Respondent. [Order]. -  The appellant filed this appeal on the ground that Modvat credit was denied and penalty was imposed on the ground that appellants had availed the credit without filing declaration under Rule 57H of Central Excise Rules and adjudicating authority wrongly condoned the delay in filing the declaration under Rule 57H of the Rules. 2. The brief....

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....aration is to be filed prior to taking credit so that Revenue can verify the inputs lying in stock. 4. The contention of appellant is that show cause notice was issued for denial of credit on the ground that claim of the appellant is not admissible as the provisions of Rule 57H provides that claim of credit in respect of the goods lying in stock is maintainable in case declaration under Ru....

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.... late and there is no provision for condoning the delay. Therefore, the demand is not sustainable. 6. The contention of the Revenue is that at the time of opting for the Modvat scheme the appellant filed declaration under Rule 57G for taking credit used in the manufacture of final product and thereafter filed a declaration under Rule 57H subsequently in respect of the inputs lying in stock....

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.... the jurisdictional Assistant Commissioner of Central Excise stating that - (a)     such inputs are lying in stock, or are received in the factory after filing the declaration made under Rule 57G; or (b)     such inputs are used in the manufacture of final products which are cleared from the factory after filing the declaration made under Rule 57G, and....