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Customs, Excise and Gold Tribunal – Mumbai
Commissioner Of Central Excise vs Jay Chemicals Industries on 1 November, 2000
Equivalent citations: 2001 (127) ELT 580 Tri Mumbai


Gowri Shankar, Member (T)

1. By this appeal, the Commissioner challenges the decision of the Commissioner (Appeals) that respondent was entitled to take Modvat credit, the Notional Modvat credit in October 1991 whereas the goods have been received and credit taken in June, 1991. While the respondent seeks adjournment, I am of the few that the matter can be decided in the light of the decision of the Tribunal in CCE v. Mysore Lac & Paints Works -1991 (52) E.L.T. 590. The ratio of the decision that notional credit can be taken at a later date, within reasonable period of taking the credit and that bench of the Tribunal found it to be six months, would squarely apply to the facts of the case.

2. Appeal dismissed.

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