COLLECTOR OF CENTRAL EXCISE, JAIPURC vs M/S RAGHUVAR (INDIA) LTD.

The Supreme Court, in this reference under Section 35H of the Central Excises and Salt Act, 1944, addressed the conflict between two High Court decisions regarding the eligibility of MODVAT credit. The Court held that a declaration under Rule 57G is a statutory prerequisite for availing credit, and since the respondent availed credit prior to filing the declaration, they were not entitled to it. The Court upheld the Assistant Collector's order for reversal of the wrongly taken credit, rejecting the respondent's limitation plea under Section 11A, affirming that the notice was issued within the prescribed period.