SRF LTD. Vs. CCE

JUDGEMENT

(1.) In this appeal the appellants have challenged the Order -in -Appeal No. 38/02 TRY (C. Ex) (PNV) dt. 20.5.02, by which the Commissioner (Appeals) has upheld the order -in -original denying the modvat credit in respect of intermediate goods received by the appellants and utilised the credit immediately on receipt of the goods. The invoice was dated 7.10.95 and the appellants had to receive the goods from their job workers. In respect of intermediate goods, the authorities have held that they have taken the credit after 6 months from the date of the invoice and hence are not eligible to take the modvat credit. It is the contention of the appellants that the provision of Rule 57G is not applicable as the goods were received as intermediate product from their job workers. Rule 57J would apply wherein there is no time limit specified for availing of the credit. The time limit in respect of intermediate goods was fixed by the amendment to Rule 57G.

(2.) The Ld. Counsel Sh. J. Sankaraman submits that this very issue was examined by this Tribunal in the case of Polyplex Corporation Ltd. v. CCE, Meerut, 1999 (111) ELT 370 (T), wherein they have held that the goods received by the appellant under Rule 57J in September 1995 although invoice issued in November 1994, under the provision of Rule 57J will have overriding effect on Rule 57G and there being no time limit in Rule 57J at relevant time.

(3.) Ld. DR files a report from the Commissioner, wherein it has been stated that there is a specific provision of time limit fixed in 57G and no such time limit was fixed in Rule 57J and therefore, 57J is only for the purpose of specifying the inputs and is no way concerned about the time limit upto which the credit can be taken which has been stipulated under Rule 57G and the same does not have retrospective effect.