TMI Blog1990 (8) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... er credit after the receipt of the goods in the factory. The learned Collector (Appeals) has held as under :- In the absence of restriction in the Central Excise Rules, the appellants are eligible to take credit as per specific provisions of Rule 57-B read with Notification No. 175/86. The credit of duty taken on receipt of the inputs, if not correct, the correct amount can be taken or balance amount taken subsequently, especially in the same month when the inputs were received by the assessee. I do not find any provision in Central Excise Rules, which forbids such taking of credit in RG. 23A account by the manufacturer. As such, the order of the Assistant Collector is set aside and the appeal is allowed for the reasons stated above." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 4. We observe that while there is a provision under Rule 57-1 under which in case an assessee has taken wrong MODVAT credit the authorities can ask him to reverse the credit to the extent the wrong credit has been availed of or they can make recovery in respect of the same, there is no specific provision providing for taking of the additional credit where a short credit has been taken by the assessee. The learned appellant Collector in the absence of this provision has urged that whatever credit is taken by the assessee cannot be varied with advantage on a later date in case a mistake is found. This, in our view, is not the correct approach in the case where by a benevolent legislation the assessees are given the benefit of set-off of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he credit due to them so long as they satisfy all the other criteria for eligibility for MODVAT credit. In the present case there is no doubt about the eligibility of the respondents for availing of the MODVAT credit. It is not as if the respondents had taken the credit after 6 months, which can be taken as a reasonable limit within which they should take the credit, taking into consideration the provisions for refund under Section 11B of the Act. We find no force in the plea of the Appellant-Collector that in the absence of any provision for varying a credit once taken in favour of the assessee the respondents are ineligible for taking the differential additional credit. The right conferred on the respondents under Rule 57A and Rule 57B ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
