2000 (9) TMI 189

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.... the impugned order, Modvat credit of Rs. 16,80,000/- has been disallowed to the appellants on the ground that the same has been taken after a period of six months from the date of issuance of Invoice-cum-Despatch advices by M/s. Bokaro Steel Plant. The invoice was issued on 29-12-1993 and the goods were entered into in RG 23A Part I on 10th January, 1994 i.e. almost after lapse of a period of one....

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.... filed intimation to the Revenue as regards the receipt of such wagons under the invoice and the statement in D-3 filed with the Revenue, Modvat credit was taken only after re-conciliation formalities were completed. Inasmuch as the delay was not on account of any fault of the appellants, the benefit of the same should not be denied to them because admittedly the inputs have been received by them ....

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.... Modvat credit on documents after six months from the date of their issue. After amendment of Rule 57G of the Central Excise Rules, the appellants are not entitled to such credit." He submits that the instant issue is distinctly different inasmuch as the appellants had taken the credit prior to the amendment of Rule 57G made on 29-6-1995. As such, he prays for allowing the appeal. 4. We have he....

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.... find any justifiable reason to deny the benefit of Modvat credit in the facts and circumstances of the case. 6. As regards the Larger Bench decision, the distinction drawn by the ld. Consultant is appropriate. The credit has already been taken by the appellants in January/February, 1995 whereas the amendment to Rule 57G was made on 29-6-1995. The Larger Bench decision relates to the availabili....