Customs, Excise and Gold Tribunal - Tamil Nadu
N.P.K.R.R. Co-Operative Sugar Mills ... vs Cce, Trichy on 16 March, 2001
ORDER
Shri V.K. Agrawal (Oral)
1. In this appeal filed by M/s. N.P.K.R.R. Co-operative Sugar Mills Ltd. the issue involved whether Modvat credit on capital goods is available to them though the declaration under Rule 57-T was filed after more than three months from the date of receipt of the capital goods.
2. We heard Shri R. Masilamony, Ld. Consultant and Shri G.S. Menon, Ld. SDR.
3. The issue involved in this matter is squarely covered by the decision of the Larger Bench in the case of KAMAKHYA STEELS (P)LTD. Vs.CCE, MEERUT (2000 (121 ELT 247 (Tribunal-L.B.) wherein the matter regarding delay in filing the declaration was remanded to the adjudicating authority in the light of amendment carried out in Rule 57-G by Notification No.7/99-CE (NT) dated 9.2.99 and in the light of Board's Circular F. No.267/6/92-Cx dated 30.1.92 and Circular No. 441/7/99-Cx. Dated 23.2.99. The Tribunal in that case held that the amended provisions and Circular are applicable to the point in issue,i.e. delay in filing the declaration.As the adjudicating authority did not have the advantage of the decision of the Larger Bench, the appeal is allowed by way of remand and the adjudicating authority is directed to decide the matter afresh in the light of the ratio laid down by the Larger Bench of the Tribunal in the case of Kamakhya Steels (P) Ltd.
(Pronounced & dictated in open Court)