9911796707
TMI Blog2007 (3) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... al Excise Rules, 1944 underwent an amendment with effect from 15-4-1987 which according to the department operated prospectively and consequently the claimant was not entitled to avail Modvat credit of differential duty paid during the period 21-4-1986 to 2-4-1987. 2. The respondent-assessee is a manufacturer of motor vehicles. Assessee had received inputs under the cover of specified documents between the period 21-4-1986 to 2-4-1987. After receipt of those inputs the price of those inputs stood revised by the supplier cum manufacturer of the inputs and consequently additional duty became payable on the enhanced price which the assessee paid during the period 19-12-1986 and 28-10-1987. The credit, however, for the aforestated amount so pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y inputs in respect of which credit has been allowed under Rule 57A, is varied subsequently due to any reason resulting in refund, the credit alone shall be varied accordingly by adjustment in the credit account maintained under Rule 57G(3) (with which we are concerned). Rule 57E underwent a change on 1-3-1987 under which it was stipulated that if duty paid on any inputs in respect of which credit has been allowed under Rule 57A and if such duty is varied subsequently due to any reason resulting in refund or if the duty is varied due to change in classification resulting in recovery then the credit allowed shall also be varied accordingly by adjudgment in the credit account maintained under Rule 57-G(3). Rule 57-E underwent a further change ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction on the credit allowed. It could also be in the event of refund. Suffice it to state that Rule 57E deals only with adjustment in the duty credit. Rule 57G states that credit shall not be taken unless the manufacturer of the final product maintains his records regarding receipt of the inputs in his factory like having again bill of entry certain types of registers (RR-l) or any other document prescribed by Central Board of Excise and Customs. 4. In our view, therefore, the courts below were right in holding that Rule 57E was procedural, clarificatory and therefore would not affect the substantive rights of the manufacture of the specified final product to claim Modvat credit for the duty paid on the inputs subsequent to the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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