TELCO LTD. Vs. COMMISSIONER OF C. EX., JAMSHEDPUR

JUDGEMENT

(1.) BRIEFLY stated the facts of the case are as under :

(2.) SHRI S.K. Bagaria, learned Advocate appearing for the appellants clarified the factual position and submitted that the reprocessed material was received by the appellants much before 30 -6 -1994 and was entered in RG -23A part I register for use in final product. It was only a technical error with the supplier that Modvat credit could not be taken up by them and it was only after the gate passes in question were rectified by the supplier, they took credit in RG -23A Part II in December, 1994. He submits that denial of Modvat credit on this technical ground was not justified. He places reliance on the Tribunals decision in the case of Hybird Electronics System Pvt. Ltd. v. C.C.E., Bombay -I - 1995 (11) RLT 39. It was observed that time gap between receipt of the material and date of credit was not of much relevant.

(3.) WE have heard Shri R.K. Roy, learned JDR for the Revenue.