ANKUR STEELS Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) In order to decide the instant appeal, let us take stock of the facts which are not in dispute. These are as follows:

(2.) The statutory regime that covers the field is contained in Rule 57G of the Central Excise Rules, 1944 (hereinafter referred to as Rules), and two notifications dated 13-7-1992 and 1-3-1994. Rule 57G makes the following reading:

(3.) As per the second proviso to Rule 57G(2), when considerable time has elapsed since the duty of Excise was imposed on any inputs, it is deemed that the duty was paid thereupon and credit of the duty in respect of the said inputs can be allowed at such rate and subject to such conditions as the Central Government may direct, without production of documents evidencing the payment of duty.