2000 (4) TMI 441 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, New Delhi heard an appeal filed by the revenue against an Order-in-Appeal related to a case involving the manufacture of biscuits and the utilization of Modvat scheme benefits. The respondents opted for full exemption from central excise duty under Notification 1/93 but were later found to have utilized credit after crossing the exemption limit, leading to a demand confirmation by the adjudicating authority. The appeal was allowed, but the Revenue argued that the credit lapsed when the respondents opted out of the Modvat scheme. Citing a case from the Allahabad High Court, the Revenue's appeal was upheld, setting aside the previous order.