ORDER
1. The application is for waiver of deposit of duty of Rs. 50,000/-, demanded from the applicant, who was a registered dealer of excisable goods, on the ground that it did not enter particulars of such goods received by it from their manufacturer in the register prescribed for this purpose.
2. The representative of the applicant does not deny that there was a failure to enter the details of the goods in register. He contends that sub-rule (3) of Rule 57GG, which prescribes making entries in the register, will only apply in cases where he dealer intends to issue invoices for the purpose of modvat credit. This, he says, is clear in paragraph 9(c) of the circular of the Board No. 96/7/95 dated 13.2.1995. Sub-rule (3) of Rule 57GG provides that the registered person shall at the time of making an entry insert the date when the entry is made. Entry can be made subsequent to the receipt of the goods. The applicant only issued the invoices relating to these goods after it made the entry.
3. I am unable to prima facie accept this contention. Sub-rule (3) of Rule 57GG does not in my view provide for making an entry subsequent to the receipt of the goods. It is very clear that registered person must maintain the register at the end of the day and receipted issue of goods. Sub-rule (3)(a) specifies that the date of the entry must be mentioned in the register. It has nothing to do with the date on which the entry is to be made. Acceptance of the applicant’s contention would in effect mean that no entry needs to be made at all unit the registerd person decides to issue modvatable invoices. This, prima facie, is against the entire concept of Rule 57GG.
4. I therefore consider it appropriate to ask for a deposit of Rs. 15,000/- to be made within a month from the receipt of this order. Thereupon I waive deposit of the remaining duty and stay its recovery.
5. Compliance on 13th July, 2001.