TMI Blog2006 (11) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Appellate Tribunal, New Delhi proposing following substantial questions of law:- "(i) Whether the Hon'ble Tribunal is correct in allowing Modvat Credit in terms of Rule 57Q in respect of the Capital Goods where the statutory declaration, required under Rule 57T of the Central Excise Rules, 1944, was not filed by the party within the prescribed/extended time period, or (ii) Whether Hon'ble Tribunal was correct in computing the time limit, for filing of statutory declaration from the date of registration when the law specifically stipulated the same to be from the date of receipt of capital goods in the factory ? " 2. The assessee is engaged in the manufacture of card-clothing and got itself registered with the Central Excise De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, when the goods were received in the factory or within three months thereof, assessee was not entitled to Modvat credit. 7. Learned counsel for the assessee submitted that apart from the reasoning contained in the order of the appellate authority namely that factory itself was registered on 14.01.1998 and declaration was filed immediately thereafter, the rule itself was amended on 9.2.1999 and as per circular of the department No.441/7/99-CX dated 23.2.1999, the amended rule is to apply to pending cases, which include proceedings pending in appeal and thus, present case is to be governed by the amended rule. He submits that this is the view taken by the Tribunal in Kamkhya Steels (P) Ltd. v. Commissioner of Central Excise, Meerut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) any of the documents, mentioned in sub-rule (3) does not contain all the particulars required to be contained therein under these rules, if such document contains details of payment of duty, description of the goods, assessable value, name and address of the factory or warehouse; (ii) the declaration filed under sub-rule (1) does not contain all the details required to be contained therein or the manufacturer fails to comply with any other requirements under sub-rule(1)." 7. He submitted that circulars are binding on the authorities functioning under the statute. Referring to the Circular No.441/7/99 dated 23.2.1999, he said that Circular was issued to follow certain guidelines in respect of Notification No.7/99 dated 9.2.1999 whil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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