1997 (7) TMI 316

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..... his is an application for waiver to deposit the duty amount of Rs. 22,432/-. 2. Ld. Counsel appearing on behalf of the appellants submitted that credit was denied by the Commissioner (Appeals) on the ground that there is delay beyond six months taking the credit. He submits that they filed declaration for availing the Modvat credit along with an application for taking credit under Rule 57H o .....

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..... made a request to the competent authority under Rule 57H of the Central Excise Rules. For availing of benefit of Modvat credit in respect of goods laying in stock on that date. The Modvat credit in respect of goods laying in stock was denied on the ground that there is a delay beyond six months is taking the credit as provided under Rule 57G of the Central Excise Rules. 5. Rule 57H(1B) of t .....

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..... inputs under any other Rule or notification : Provided that such inputs are not used in the manufacture of final product which is exempt from the whole of the duty of excise leviable thereon or a chargeable to nil rate of duty. 6. The plain reading of the Rule 57 H(1B) shows that the manufacture who intend to avail the credit of duty paid on inputs received immediately before obtaining the .....

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