1990 (12) TMI 244

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..... hority took note of the Respondents' plea for the benefit of MODVAT credit in respect of those inputs which were lying in stock before filing of the declaration and allowed the benefit in respect such of those inputs which were received 15 days prior to the receipt of the dated acknowledgement of the declaration filed. The lower authority held that only those inputs could be treated as having been received immediately before obtaining the dated acknowledgement. The Collector (Appeals) however, modified the order and held that such of the inputs which have been received one month prior to the date of receipt of acknowledgement can be said to have been received immediately before the date of receipt of the acknowledgement by the assessee. His .....

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..... is filed. The words "immediately before filing declaration" has not been defined anywhere. However, various books of dictionary viz. Websters new word dictionary and other refers the word "immediately" as at once, instantly, very moment, as soon as. Hence the interpretation of the Collector of Central Excise (Appeals), Madras that 'immediately' means 'one month' looks absurd and cannot be in accordance with the spirit of interpretation of law". 3. Shri P. Sundararaju, the learned SDR for the Department at the very outset fairly mentioned that the matter is covered against the Revenue. He, however, reiterated the grounds of appeal. 4. The Respondents are absent. They have however sent written submissions in this regard and pleaded that t .....

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..... Scheme cannot be denied to the appellants. Any other interpretation would only lead to incongruous situation where it may so happen that the goods which were manufactured even in the previous year and had not yet been cleared from the manufacturer's factory or were in the stream of the market for being brought to the factory for manufacturing the end-product in respect of which MODVAT credit was available, the same would on receipt even after filing of declaration for the benefit of the MODVAT credit could be taken into account and the goods which were received much earlier and lying in stock with the appellants would not get the benefit". 6. This decision has been followed in the subsequent decisions of this Bench and we find no reason to .....

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