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2017 (2) TMI 571 - AT - Central ExciseChallenge of amendment to Rule 57S - Unutilised Cenvat credit - The learned DR submitted that both the authorities below have wrongly applied the principles of res judicata and that inasmuch as the Notifications 33/1997 and 34/1997-C.E. (N.T.) both dated 1-8-1997, were in force and has never been quashed or declared ultra vires by any Court, the orders of the authorities below deserve to be quashed - Held that: - After the amendment, the capital goods were to be used in the manufacture of final products for which the duty was to be paid as per the provisions of Section 3A for which Cenvat credit on capital goods were not allowed - A straight forward reading of the Notifications 33/1997 and 34/1997-C.E. (N.T.) both dated 1-8-1997 and application of the same would result in the Cenvat credit available in the capital goods account of the respondent on 31-7-1997 to lapse. We also note this Tribunal is a creation of the statute and its mandate is to decide disputes arising in the implementation of the statute within its purview. This Tribunal cannot arrogate to itself any of the extraordinary powers bestowed upon the Hon’ble High Courts and the Supreme Court by the Constitution - Appeal allowed - decided against the assessee.
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