2000 (9) TMI 108

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....ication is filed by the Revenue to refer the following question on the ground that point of law arises with reference to the final Order No. A/87-88/99-NB dated 5-2-1999 [2000 (126) E.L.T. 709 (Tri.)]. (i) Whether the date of accrual of Modvat Credit under Rule 57A would be the date of entry of stock/quantity in RG 23A Pt. I account or else the date of taking of duty credit in RG 23A Pt. II accou....

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....se of M/s J.K. Synthetics Ltd. v. CCE reported in 1996 (88) E.L.T. 785 (T). 2.Arguing for the respondent Shri R. Swaminathan, ld. Consultant submitted that the point to be considered in this case is whether an assessee can take credit beyond a period of six months from the date of paying documents issued prior to the amendment dated 29-6-1995. He fairly conceded that since there were conflicting ....

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....d of six months from the date of duty paying documents. In the order passed by the Tribunal following the earlier order the Tribunal has decided the issue holding that party can avail credit even after six months from the date of duty paying documents. In view of this position it is appropriate that this point of law is to be answered by the High Court as prayed for. Accordingly, matter is referre....

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....vat facility by filing declaration under Rule 57G of the Central Excise Rules, 1944. According to the party they have received inputs during period December, 1994 to February, 1995 with the valid duty paying documents, made entries in RG-23A Part-I immediately on receipt of the inputs but entries in RG-23A Part-II were made subsequently. The contention of the party was negated by the authority bel....