9911796707
TMI Blog2001 (5) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Vide the impugned Orders the authorities below have denied the benefit of Modvat credit in respect of input and capital goods to the appellants on two grounds - firstly on the ground that there was delay in filing declarations under Rules 57G and 57T of the Central Excise Rules, 1944 and secondly, on the ground that during the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of Rule 57G, the Assistant Commissioner had powers to condone the delay up to six months, period from the date of filing for the declarations. In these circumstances, he submits that refusal on the part of the Assistant Commissioner to condone the delay of nominal days was not justified. Explaining the delay, he submits that the same was mostly on account of Government holidays and on account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Wire Cloth and Phosphor Bronze Wire Cloth, too. Therefore, the benefit of credit under Rule 57Q could not be denied on the components of looms in which Fourdrinier Stainless Steel Wire and Phosphor Bronze Wire materials were made. As such, he submits that denial of benefit of Modvat credit in respect of capital goods used for different goods also, was not justifiable. However, he fairly agrees tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd it was possible for the Revenue to conduct necessary verifications. In this view of the matter, we are of the opinion that the Assistant Commissioner should have exercised his option judiciously and should have condoned the delays. For this purpose, we send the matter back to him to reconsider the same in the light of our observations made above. 6. As regards the second issue, we find th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istence, but the same were also used in the manufacture of other items. However, inasmuch as this plea was not specifically raised before the Assistant Commissioner, we are constrained to send the matter back to him for consideration of the said plea. 7. Inasmuch as the appeal is being allowed by way of remand, the Assistant Commissioner would also consider the appellants' contention that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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