JUDGMENT
Jyoti Balasundaram, Member (J)
1. The above three appeals arise against a common order passed by the
Commissioner of Central Excise (Appeals) and are hence heard together
and disposed of by this common order.
2. The issue in dispute is whether the appellants who are manufacturers
of filament yarn are eligible to avail modvat credit on corrugated boxes
(inputs) received in their factory in March and April, 1994, subsequent to
30.6.94. (The appellants availed modvat credit on 3.8.94).
3. On hearing both sides, we find that it has been decided by the Larger
Bench of the Tribunal in the case of Montari Industries Ltd. v. CCE,
Chandigarh (decided on 2.7.2001) that credit has to be taken on or before
30.6.94, in terms of Notification No. 16/94 dated 30.4.94. The Bench has
relied upon the Gujarat High Court order on reference application in the
case of CCE, Ahmedabad v. Gujarat Medicraft Pvt. Ltd. [2001 (42) RLT
475 (Guj).
4. Following the ratio of the Larger Bench order cited supra we hold that
credit taken by the appellants after 30.6.94 is not admissible to them,
uphold the impugned order and reject the appeals.