9911796707
TMI Blog1996 (4) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... n the instant appeal relates to Modvat Credit in respect of goods that were lying in stock and were received for the job work, under Rule 57H of the Central Excises and Salt Act, 1944. 2. The Ld. Consultant for the Respondents has pleaded that there were other inputs lying in stock at the relevant time and Modvat Credit in respect of the same has been allowed. So far as this quantum of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants under a document which showed the removal for self by the supplier of the goods. He has also pleaded the appellants opted for Modvat credit and the endorsement on the gate pass was changed and the gate pass was endorsed in the name of the appellants. It is observed that the Modvat credit facility under Rule 57H has been permitted in respect of the inputs which were lying in stock immediat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplated the availment of Modvat Credit the document in the hands of the assessee under which goods were received might not therefore meet of the requirements for Modvat purpose under Rule 57G. Notwithstanding the provisions of Rule 57G the statute has provided for the facility of Modvat in respect of the goods which might be lying in stock before the filing of the declaration by the assessee under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts did not satisfy the requirements of the documents as laid down under Rule 57H. I, therefore, hold that the lower authority's order is not proper and the same is therefore set aside. The lower authority should examine the issue de novo in the light of the above after affording an opportunity of being heard to the appellants. The appeal is thus allowed by way of remand. X X X X Extracts X X X X X X X X Extracts X X X X
|
