2000 (10) TMI 93

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..... - The Revenue has filed this appeal on the following ground : - "The credit was allowed basing on the decisions given by the Hon'ble CEGAT stating that they are squarely in the present case. However, the dates of issue of B.E. No. 011469 for Rs. 1,39,171/- and B.E. No. 006183 for Rs. 92,781/- are 19-6-1996 and 2-4-1996 respectively. As per Rule 57G Modvat credit cannot be taken on inputs afte....

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....ry from the concerned Custom House. This credit, therefore, which was taken on the receipt of the ineligible copy of the bill of entry after a period of six months of the receipt of goods and payment of the duty would not be eligible as held by the lower authorities. 3. Heard Sri. C.T. Krishnamurthy, learned advocate for the respondents, who submits that when the defect was pointed out by the a....

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....ths from the date of payment of duty and/or date of issue of the document i.e. Bill of Entry in this case. The credit was taken in R.G. 23A Part I and also Part II and was reversed on the instructions of the Audit team of the Revenue Department. As regards the credit of quantity, however, the goods were utilised for the manufacture of the declared final product. He, therefore, submits that the Rev....

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.... in this case was contributed by the department also. The credit taken originally was well within the period of six months from the date of issue of the document. It was only that the amounts of duty credit taken were promptly reversed and thereafter they are entitled to take the same when the correct document has been received. We cannot find correction of accounting error or mistake to be taking....