PREMIER TYRES LTD., Vs. COMMISSIONER OF CENTRAL

JUDGEMENT

(1.) THE short point to be considered in this case is whether credit taken after six months from the amendment to Rule 57G of Central Excise Rules, 1944 is valid or not.

(2.) SHRI Joseph Kodianthara, learned Advocate appearing for the appellants submitted that goods were imported on 21.2.94 and modvat credit was taken on 1.7.95. He conceded that credit was taken by the appellants after amendment to Rule 57G. Further he submitted that the said amendment was published in the Gazette Notification on 29.6.95 but this was not substantiated. He also submitted that the party could not take the credit within the stipulated period in view of the various problems faced by the company.

(3.) SMT . Radha Arun, SDR appearing for the Revenue submitted that the very issue has been considered by the Larger Bench in the case of Kusum Ingots and Alloys Ltd. Vs Commissioner of C. Excise, Indore reported in 2000 (120) ELT 214 (Tribunal -LB) wherein it was clearly held that credit cannot be taken after six months after the amendment to Rule 57G of Central Excise Rules, 1944 on 29.6.95 in respect of duty paying documents issued prior to the amendment. Since the issue involved herein has already been considered and concluded by the Larger Bench following the decision referred to above, I do not find any substance in the arguments advanced by the Counsel. Accordingly appeal is hereby dismissed.