Circular No. 199/33/96-CX
dated 23/4/96
F.No. 267/41/96-CX.8

Government of India

Ministry of Finance

(Department of Revenue)

Central Board of Excise & Customs, New Delhi

Subject : Modvat on C.G – Time limit prescribed under Rule 57G not applicable
Notification No. 28/95-CE (NT) dated 29.6.95 was issued whereby Rule 57G was amended providing that the manufacturer is allowed  to take credit of duty paid on inputs within six months of the date of issuance of any of the duty paying documents as prescribed under Rule 57G of the Central Excise Rules.

2. Representations have been received from the Trade as to whether the aforesaid time limit of six months will also apply with respect of MODVAT Credit to be availed on capital, goods, as in the case of capital goods it may not be always possible to avail the credit within six months from the dated issuance of the documents.

3. The matter has been examined by the Board in consultation with Ministry of Law. It is hereby clarified that the time limit of six months as prescribed under second proviso to Rule 57G will not apply to availment of credit on capital goods under Rule 57T of the Central Excise Rules, 1944.

(Mallika Arya)
Under Secretary to the Government of India

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