2019 (2) TMI 1787

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....after filing of the declaration under sub-rule (1), or it is also applicable or covers the inputs received before filing the declaration and if it covers the inputs received before filing the declaration and then whether the applicant is entitled for the benefit of money credit under Rule 57-O of the said Rules?" 2. Relevant facts giving rise to the issue briefly are that the assessee M/s. Pee Cee Cosma Sope Ltd. opted for availing modvat credit of duty paid on inputs used in the manufacture of final excisable goods as well as money credit on minor oil used in the manufacture of soaps and detergents. On 11-3-1994, the assessee filed declaration under Rule 57-O of the Central Excise Rules, 1944 for availing money credit on minor oils....

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....aration in sub-rule (1) may, after obtaining the acknowledgment aforesaid, take credit of money on inputs." The above do not put any restriction for credit as it exists in 57G(2). Therefore, when above Rule 57-O(2) is read with Rule 57K, it provides for taking money credit on specified inputs when the same are used in the manufacture of specified finished product. Therefore, money credit availed by the noticee, on the stock prior to filing declaration, is admissible as per law. As such credit of Rs. 1,95,119.20 availed on input lying in stock prior to declaration is in order." 3. Commissioner (Appeals) by his order dated 22-3-2001 set aside the order of adjudication and held :- "I find from the above that so far as....

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....ed the assessee to file an application under Section 35H of 1944 Act. 5. In this factual background, the substantial question of law referred supra arises for consideration. 6. The reference for the opinion, as evident from the order dated 25-1-2006 in MCC No. 73/2002 [2006 (205) E.L.T. 89 (M.P.)] which was an application under Section 35G of 1944 Act emanates from the decision by Tribunal in Oswal Vanaspati & Allied Industries v. Collector of Central Excise, Chandigarh, 1996 (83) E.L.T. 341 (Tribunal); Hindustan Lever Limited v. Collector of Central Excise (Appeals), Indore, 1997 (93) E.L.T. 295 (Tribunal), Commissioner of Central Excise, Mumbai-I v. Soni Soaps and Cosmetics Pvt. Ltd., 1999 (112) E.L.T. 985 (Tribunal) and M....

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....   A manufacturer of the final products shall submit a monthly return to the Superintendent of Central Excise indicating the particulars of the inputs used during the month and the amount of credit taken, along with extracts of parts I and II of RG 23B. (5)     A manufacturer of final products shall, on demand by the proper officer, submit the invoices under which the inputs have been received." 8. The decisions in Oswal Vanaspati & Allied Industries and in Hindustan Lever Ltd. (supra) turns on the interpretation of sub-rule (2) of Rule 57-O which lays down that a manufacturer who has filed a declaration in sub-rule (1) may, after obtaining the acknowledgment take credit of money on the inputs.....