UNION OF INDIA Vs. GRASIM INDUSTRIES LTD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal under section 35-G of the Central Excise Act, 1944, is against the order of the Customs, Excise and Service Tax Appellate Tribunal, New Delhi, dated 25. 05. 2004.

(3.) IF the matter would have rested as that, obviously, respondent assessee was not entitled to avail MODVAT credit in case requisite declarations were made beyond 3 months from receipt of capital goods in factory. However, vide Notification No. 7/99 CE (NT) dated 9. 2. 99 sub rule (3) was inserted as under:- " 57t (13) Credit under sub-rule (6) shall not be denied on the ground that- (i) any of the documents specified under sub-rule (3) of Rule 57g 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 capital 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): Provided that the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise having jurisdiction over the factory of the manufacturer intending to take credit is satisfied that the duty due on the capital goods have been paid and such capital goods have actually been used or are to be used in the manufacture of final products, and such Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise shall record the reasons for not denying the credit so in each case. "