CCE, SURAT-I Vs. GUJARAT INDUSTRIES TRUCK LTD.

JUDGEMENT

(1.) THE Tribunal, in its order, going by its earlier decisions, held that there was no bar in law for an assessee to take a higher notional credit under Rule 57B as it then stood within a reasonable time, which it held would be six months from the receipt of inputs. The application contends that the question whether credit would be permissible in such circumstances has been referred to the Bombay High Court by the Tribunal in CCE v. Associated Flexibles and Wires Private Limited, 1992 (74) ELT 90. Therefore, it seeks to refer the same question to the Gujarat High Court.

(2.) ACCORDINGLY , we refer the following question to the Gujarat High Court; "Whether the higher notional credit in terms of Rule 57B of the Central Excise Act, 1944 can be taken within a reasonable period i.e. six months from the date of receipt of the input and original date of credit taken." The registry is to draw a statement of the case and forward the papers to the Gujarat High Court.