S.KALYANAM, V.P.GULATI
Kerala State Electronics Devep. Corpn. Ltd. – Appellant
Versus
Collector of Central Excise – Respondent
S. Kalyanam, Member (J)
1. This appeal is directed against the order of the Collector of Central Excise (Appeals), Madras, dated 29th April, 1988 confirming the order of the Asstt. Collector of Central Excise, Trivandrum, dated 5-9-1987 and directing the appellant to reverse the credit in respect of which the appellant has been found to have taken erroneous Modvat credit. The appellant is manufacturing sophisticated electronic items and had filed a declaration in terms of Rule 57G of the Central Excise Rules, 1944 on 24-3-1986 before the Department for taking Modvat credit in respect of the various inputs specified therein. Proceedings were instituted against the appellant by issue of a show cause notice by the Asstt. Collector on 5-3-1987 on an allegation that the inputs specified in the declaration were not in terms of Rule 57G and the proceedings ultimately resulted in an order that the appellant had availed erroneous Modvat credit without a proper declaration as per Rules and the order of the original authority in regard to the same was upheld by the lower appellate authority under the impugned order out of which the present appeal arises.
2. Shri Sashidharan, the learned Co
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