TMI Blog1996 (2) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... captioned appeal has been filed by the appellants against the denial of Higher Notional Credit subsequently claimed on the ground that this higher notional Modvat credit has been claimed beyond six months. 2. The appellants are engaged in the manufacture of HDPE/PP woven fabrics sacks. For manufacture of these sacks, the appellants procured HDPE and claimed Modvat credit on the inputs. As these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l specifically pointed out that limitation in respect of claiming higher notional Modvat credit shall not be applicable especially when claim for claiming appropriate Modvat credit is lodged with the Department. He submitted that once GP 1 showing the credit of duty is submitted to the Department then notional higher credit claimed on the strength of the gate pass shall not be subject to any limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of M/s. Lakme Ltd. He submitted that this decision of the Tribunal was discussed and commented upon in detail by the Tribunal in the case of HCL referred to supra. Summing up his arguments, the learned Counsel submitted that there is no specific provision to claim credit of duty under Modvat Rules and that the judgment of the Tribunal on the issue upheld this view. He, therefore, prayed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that normal Modvat credit was claimed by the appellants. While claiming this, they had submitted the relevant gate pass to the authorities. The gate pass invariably showed that the manufacturer of the inputs was enjoying the benefit of Notification No. 175/86. Thus any one who purchased the inputs from a small-scale industrial unit enjoying the concession under Notification 175/86 was entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
