Customs, Excise and Gold Tribunal - Delhi
M/S. Capital Meters (P) Ltd. vs C.C.E., Meerut on 20 April, 2001
ORDER K.K.Bhatia, Member (T)
1. The facts in this case are that the appellants availed modvat credit totally amounting to Rs. 1,26,165/- on the input items beyond a period of six months from the date of issue of the relevant invoices covering these inputs. The Asst. Commissioner of Central Excise, Division-I, NOIDA initiated proceedings against them and vide his Order dt. 18.6.99 held that the Rule 57-G(5) and proviso to Rule 57-G(6) of Central Excise Rules, 1944 at the relevant time strictly disallowed the modvat credit after six months from the date of issue of the said invoice.
2. The party filed an appeal against the above order but the Commissioner (Appeals), Ghaziabad vide his Order dt. 3.12.99 dismissed the appeal of the party upholding the order passed by the lower authority.
3. The matter is listed today for hearing the Stay Petition filed by the appellants against the above order. I have heard Shri O.P.Tiwary, C.A. for the appellant and Shri S. Kumar, JDR for the respondent. The la.d C.A. for the appellant does not dispute that the party had availed the modvat credit beyond a period of six months from the date of the issue of the invoices under consideration. He also does not dispute that the same is in violation of the provision of Rule 57-G(5). He however, pleads that the delay in each case may be condoned. On a specific quarry, however he is not able to refer to any provisions of the Central Excise law under which such discretion could be exercised. In view of these facts, therefore, the appellants have not made out a prima facie case in their favour. There is also no financial difficulty pleaded before me. Under these circumstances, I direct them to deposit the whole amount of Rs.1,26,165/- on or before 30.5.2001. The matter will be called for reporting compliance on 4.6.2001.
4. (Announced and dictated in the Court)