TMI Blog2003 (6) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order (Oral)]. Both, the party and revenue are aggrieved with the order passed by the Commissioner (Appeals) in order-in-appeal No. 73-74/2001 (M-II), dated 9-4-2001 and have filed the above respective appeals. 2. The assessee is engaged in the manufacture of parts of Motor Vehicles. They were availing modvat credit under Rule 57A/Q. During the course of verification, it was obs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the credit was taken on 25-3-2000, it is pointed out by the learned Counsel from the records that they had taken the credit in RG 23A, Part-I on 22-6-98. The same is evidenced from the extract and the same is produced in the paper book. The Asst. Commissioner has clearly endorsed on the said application seeking to avail duty credit based on the original invoice as per Notification No. 23/94 (N.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterial on record, we find that - The credit has been taken initially on 23-6-1996 and (a) 14-12-1996 and thereafter it was reversed on 31-12-1996 and 18-2-1997 in the other case. Thereafter, they took up the matter with the concerned Custom House and obtained the relevant documents i.e. Bill of Entry to take the credit which could be obtained by them only on 14-2-1997 and other on 13-3-1997. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es providing for such a delay to prohibit availment of Modvat credit. What prohibits is starting of taking credit after six months of the date of issue of the documents on which the goods said to have been received in the factory and not the process of taking credit. Taking of credit starts with receipt of goods and if the receipt of goods in the factory have been effected within six months period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of credit within six months from the date of invoice. He has noted that there has been substantive compliance of law under Modvat rules and that it is covered by Rule 57G(2A) as it stood during the period. In this case also, the party has made the entry in RG 23A, Part-I within four months in terms of facts stated in the show cause notice. In that view of the matter, there is not error in the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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