COMMISSIONER OF CENTRAL EXCISE, Vs. PUNJAB COMMUNICATIONS LTD.

JUDGEMENT

(1.) In this appeal filed by Revenue the issue involved is whether modvat credit can be availed of after six months from the date of issue of the duty paying documents.

(2.) When the matter was called, no one was present on behalf of the Respondents M/s Punjab Communication Ltd. As the issue involved has been settled by the Larger Bench of the Appellate Tribunal in the case of Kusum Ingots and Alloys Ltd. Vs. CCE Indore, 2000 (39) RLT 440, I heard Shri S.C. Pushkarna, Ltd. DR and perused the records.

(3.) M/s Punjab Communications Ltd. had taken modvat credit amounting to Rs. 92,323.50 p on 10 -1 -96 on the strength of invoice No. 278 dt. 31 -3 -95. The Assistant Commissioner, under Adjudication Order No. 7/97 dt. 22 -1 -97, disallowed the modvat credit, holding that the credit has been taken after expiry of six months of the issue of invoices which is in contravention of Rule 57 G (2) of the Central Excise Rules. The Commissioner (Appeals), however, under the impugned Order held that the invoice was issued on 31 -3 -95 and the provisions which bars the taking of credit after expiry of six months, came into force with effect from 29 -6 -95 and as held by the Tribunal in the case of Telco Vs. CCE Bombay 1996 (87) ELT 157, the said provisions cannot have retrospective effect and would not apply to invoice issued prior to 29 -6 -95. The Larger Bench of the Tribunal, However, in the case of Kusum Ingots and Alloys Ltd. supra, has held that after the amendments credit cannot be taken on duty paying documents which are more then six months old though issued prior to the amendments. Following the ratio of the Larger bench decision, the appeal filed by the Revenue is allowed by setting aside the impugned Order.