2012 (12) TMI 502

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....s appeal is relating to Modvat credit taken by the appellants during the period June 1996 for an amount of Rs. 69409/-. 4. The appellants were manufacturing M.S. Ribbed Bars, M.S. Rounds and M.S. Flats falling under chapters 72 and 73 of the Central Excise Tariff. They had availed Cenvat credit on mis-rolls falling under sub-heading 7216.10 of CETA 1985 during Sep. 1996. 5. Rule 57G, as was in force at the relevant period, required that an assessee should declare the description of goods indicating classification thereof before taking credit on inputs to be used for manufacture of final product. The Appellant had filed such declaration indicating defective angles falling under 7216.90 as input but had not declared mis-rolls ....

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....(93) E.L.T. 198 (Tri.) 8. I have considered arguments on both sides, the decisions quoted above and as also the statutory provisions. The Applicable Rules are reproduced below : "RULE 57G. Procedure to be observed by the manufacturer. - (1) Every manufacturer intending to take credit of the duty paid on inputs under rule 57A, shall file a declaration with the Assistant Commissioner of Central Excise having jurisdiction over his factory, indicating the description of the final products manufactured in his factory and the inputs intended to be used in each of the said final products and such other information as the said Assistant Commissioner may require, and obtain a dated acknowledgement of the said declaration. (2) A ma....

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....eived in the factory not before a period of six months from the date of filing such declaration and not before the date of notification issued under rule 57A; (b)     amount of duty for which credit is sought have actually been paid on such inputs; and (c)     inputs have actually been used or are to be used in the manufacture of final products". 9. This is a case where the declaration filed under Rule 57G(1) indicated use of defective angles falling under 7216.90 as input but did not indicate mis-rolls falling under heading 7216.10. The defect in the declaration was sought to be rectified by declaration filed on 15-10-1996, four months after availing credit, on goods falling under headi....