INDIAN OIL CORPN. LTD. Vs. CCE

JUDGEMENT

(1.) HEARD both sides.

(2.) THE appellants filed this appeal challenging the adjudication order whereby the credit was denied on the ground that no proper declaration was filed and credit of Rs. 62,33,755.35 was disallowed.

(3.) THE contention is that, the credit was denied on the ground that no proper declaration was filed in respect of the capital goods. The contention is also that, now Rule 57 -G and T has been amended by Notification No. 7/99 -CE(NT) dated 9.2.1999 to the effect that credit shall not be denied on the ground that declaration filed under Sub -rule (1) does not contain all the details required to be contained therein. The appellants relied upon the Larger Bench decision of this Tribunal in the case of Kamakhva Steels (P) Ltd. v. CCE. Meerut , and submitted that the Tribunal held that the amendment is applicable to the pending cases also. The appellants also relied upon the Board's instructions dated 23.2.1999 wherein it has been clarified that credit shall not be denied merely on procedural lapse.