TMI Blog2014 (8) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed the credit for the period 01.03.1997 to 03.05.1997 and upheld the demand for the period 23.07.1996 to 28.02.1997 - Decided partly against assessee. - E/696/2007, E/699/2007 - Final Order Nos.40278-40279/2014 - Dated:- 6-3-2014 - Shri P.K. Das, J. For the Appellant : Shri C. Saravanan, Adv. For the Respondent : Ms. Indira Sisupal, AC(AR) JUDGEMENT Both the appeals are arising out of common order and both are taken up together for disposal. 2. The relevant facts of the case, in brief, are that the assessees are engaged in the manufacture of Glass Bottles classifiable under sub-heading no.7007.90 of the Schedule to the Central Excise Tariff Act, 1985. They availed Cenvat credit on various inputs including Fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act. Commissioner (Appeals) modified the Adjudication Order and upheld the demand for the period 23.07.1996 to 28.02.1997 along with interest and the demand of duty for the period from 01.03.1997 to 03.05.1997 was set aside. The assessee and the Revenue both filed the appeals against the impugned order. 3. The learned Counsel on behalf of the assessee submits that the demand of duty for the period 23.07.1996 to 28.02.1007 is not sustainable mainly on the ground that they have availed credit under Rule 57D of the erstwhile Central Excise Rules, 1944. He submits that the Notification No.5/94-CE(NT) as amended by Notification No.14/1997-CE(NT) (supra) were issued under Rule 57A of the said erstwhile Rule, 1944. He further submits that Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court at para14 of the said decision observed that the restriction 10% ad valorem would apply in the entire material period as referred to in Section 87 of the Finance Act, 1997. She further submits that Section 57D would apply in the context of credit of duty not to be denied or varied in certain circumstances . It is submitted that the assessee availed credit in terms of Notification No.5/94-CE(NT) which was issued under Rule 57A and, therefore, the submission of the learned Counsel that they availed Cenvat Credit under 57D has no consequence. She relied upon the decision of the Hon ble Supreme Court in the case of Union of India Others Vs Maharaja Shree Umaid Mills reported in 2013-TIOL-66-SC-CX, where it has been held that Finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-CE(NT), dated 01.03.1987. 7. I find the present case is squarely covered by the decision of the Hon ble Supreme Court in the case of M/s. Jindal Poly Films Ltd. (supra). In that case, the issue involved is whether duty paid on the Furnace Oil used as input could be availed of as credit under Modvat scheme as envisaged under Rule 57B of the erstwhile Rules. It is contended by the appellant that this 10% limit on the credit would not apply in respect of the goods which are cleared under Rule 57B. The appellant claimed the credit of duty to the extent of 15% under Modvat scheme. The Hon ble Supreme Court held that in terms of Rule 57B as amended, the appellant would be entitled to take credit in respect of Furnace Oil for the amount actua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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