ORDER
Krishna Kumar, Member (J)
1. Shri. Vimlesh Kumar, Id. JDR appeared on behalf of the Revenue. None was present for the respondent. The Revenue has filed the present appeal against the impugned order passed by the Commissioner dropping the proceedings initiated under the show cause notice. The Id. JDR has submitted that the Commissioner has wrongly allowed the proforma credit to be treated as Modvat credit because the proforma credit was non operative from 20-5-94 as per Notification 24/94. His contention is that the assessee was not entitled to transfer the proforma credit on 6-6-1994 to Modvat credit as per the Notification.
2. The Commissioner has referred to the CBEC Circular No. 267/69/95-CX.8, dated 23-6-95 with regard to condonation of delay in filing their declaration under Rule 57G (5) of the Central Excise Rules, 1944. The Commissioner has, therefore, condoned the delay of about 16 days in filing the declaration as per directions of the board and allowed the proforma credit to be treated as Modvat credit.
3. After hearing the Id. JDR and perusal of the records, we find that the Commissioner has followed the instructions of the board and he has rightly dropped the proceedings against the assessee. We, therefore, do not find any merits in the appeal filed by the Revenue and the same is accordingly dismissed.