TMI Blog2015 (3) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... everse invoices on the basis of which the present appellant took credit, I also note that the credit was availed in March 97 and was duly reflected by the appellant in their Return filed for the said period. The Show Cause Notice stands issued on 04.02.2002 i.e. beyond the normal period of limitation. The appellant has also filed the reconciliation statement on record and the Revenue is not disput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgaon Factory although the concerned Bill of Entry travelled to their Head Office at Kanpur. Their contention is that they also have a factory manufacturing scooters in Kanpur and which is a part of the Head Office itself in which mistakenly modvat credit was taken on 23.3.1997. However, realizing the mistake on 25.3.1997, the credit was reversed and fresh invoices were issued under Rule 52A on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n original packed condition and (ii) the triplicate copy of the Bill of Entry/duplicate copy of the Bill of Entry generated on EDI system is endorsed by the registered office/Head Office to the effect that the consignment covered by Bill of Entry are delivered to the manufacturing unit for availing credit. He admits that while they have fulfilled the condition (i), he admits that condition (ii) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the credit was availed in March 97 and was duly reflected by the appellant in their Return filed for the said period. The Show Cause Notice stands issued on 04.02.2002 i.e. beyond the normal period of limitation. The appellant has also filed the reconciliation statement on record and the Revenue is not disputing the fact of the goods having reached the Gurgaon Factory directly. In such a scena ..... X X X X Extracts X X X X X X X X Extracts X X X X
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