TMI Blog1998 (1) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... s under :- 1. The appellants are engaged in the manufacture of footwears classifiable under Chapter 64 of the Central Excise Tariff Act, 1985. They are availing the Modvat Credit in terms of Rule 57A of the Central Excise Rules 1944 on duty-paid raw-materials received by them and utilised in the manufacture of footwear. Some of the final products being manufactured by the appellant firm out of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unged based on the inputs used by the appellant firm in the manufacture of the exempted final product, was left open and the matter was remanded to the Commissioner for arriving at an appropriate method. Certain directions to ascertain the practice being followed by the other manufacturers of the similar product were also issued. Before the Tribunal, the appellant firm had shown their inability to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d during the manufacture, its consumption for excisable as well as exempted varieties of footwears, amount of Credit taken along with the extract of Part-I and Part-II of RG 23A registers. In case the consolidated maintenance of RG 23A, Part-II was adhered to, at the end of every month, a statement in the proforma of Annexure : B2., appended to the Trade Notice was required to be submitted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Commissionerate for the past periods. The subsequent Circular of 1996 is prospective in nature and should not be made the basis for the past periods. 4. In his rejoinder, Shri Bagaria submitted that the 1996 Circular being referred to by him is not a fresh Circular preceded by earlier Circular of 1994, but is an amendment of the earlier Circular of 1994. It is clear from para 4 of 1996 Circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he exempted final product on actual or pro rata (estimated) basis. In terms of para 4 of the said Circular, the assessee is required to submit a statement in the proforma of Annexure : I showing reversal particulars to the jurisdictional Central Excise Officers at the end of every month. As the said Circular was not before the Commissioner a the relevant time, I set aside the impugned order and re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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