2004 (1) TMI 256

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....mber (J)]. - A very short point is involved in the present appeal. Modvat credit has been disallowed on the ground that the same has been availed by them after a period of six months from the date of bill of entry. 2. We have heard Shri S. K. Bagaria, learned Sr. Advocate and Shri A. K. Mondal, learned S.D.R., for the Revenue. 3. As per facts on record, the appellant company is a manufacture....

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....me of the cases, the receipt was after a period of six months and as such, in terms of the provisions of Rule 57G(5) of the Central Excise Rules, 1944, Modvat credit is not available. Accordingly, the same was confirmed vide the impugned Order. 5. The appellants' main contention is that the entire goods covered by the bill of entry in question were sold to the appellants and the bill of entry w....

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....months from the date of re-constructed copy of the bill of entry as also where the inputs were received within six months from the date of issuance of the invoice, but the invoice was subsequently received after a period of six months, as also in cases where the initial Credit was taken within a period of six months, but additional or differential Credit was taken later on. 6. We have considere....

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....ll of entry. Inasmuch as the said Rule uses the expression - 'issue of any document', whereas the bills of entry are never 'issued.' It was observed that the framer of the Rules had deliberately not made the date of issue of the bill of entry to be the relevant date for the Credit. As such, we are of the view that since Rule 57G(5) does not apply in cases of inputs covered by bills of entry as hel....