TaxTMI 
TaxTMI 
1994 (6) TMI 88
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....n). He allowed the said Appeal on the limited ground that the show cause notice was barred by limitation. 2. In the Appeal, it has been contended that the Collector (Appeals) erred in holding that the notice was barred by limitation. Actually, it was issued on 15-1-1990 which was within the time limit with reference to the date of submission of the relevant monthly RT 12 return viz. 5-8-1989. Only, in that return, the facts and details of taking Modvat Credit amount in question had been disclosed. For this approach, reliance has been placed on the decision of the Tribunal in Collector of Central Excise, Bombay-I v. Agro Transformers Co. (P) Ltd. reported in 1990 (49) E.L.T. 638 (Tri.) = 1992 (40) ECR 511. It has also been contended in....
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....ed Counsel for the Respondents. 5. On merits also, Shri Mohanty stated that they have a strong case. They had taken credit originally on the basis of deemed credit order. Later, when they got the duty-paying documents, they found that more duty had been paid on the goods which they were entitled to take as Modvat Credit. They had taken the differential amounts within a short time of taking the original credit (deemed credit). In the case of Mysore Lac and Paint Works, taking of differential credit after taking original credit had been held to be permissible if it was within a period of six months. In the present case, the credit was taken within a short period. There is no dispute or doubt about the receipt and utili- sation of the in....
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....ed in this regard. No doubt, it was held in the said decision that the time limit for issue of notice in Modvat cases would start from the date of receipt of the RT 12 return wherein the taking of credit would be indicated. But with due regard to the said decision, we feel the present case has to be regulated with reference to the amended Rule 57-I which refers to the date of taking credit. The relevant date is that of taking of credit and not date of knowledge of the Department about taking of such credit. The fact of taking of credit is reported to the Department within one month of its being taken. By applying the period of limitation of six months from the date of taking credit as per the actual wording of Rule 57-I, the Department has ....