TMI Blog1991 (2) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal is against the order of Collector of Central Excise (Appeals), Madras. Brief facts are that the appellants have taken MODVAT Credit in respect of some of their inputs and later removed the same to one of their other Units by reversing the credit already taken in respect of the same. The Revenue however demanded duty in terms of Rule 57F(1) at the rate applicable on the date of clearance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit of duty has been allowed under Rule 57A may - (i) be used in, or in relation to the manufacture of final products for which such inputs have been brought into the factory; or (ii) be removed, subject to the prior permission of the Collector of Central Excise, from the factory for home consumption or for export on payment of appropriate duty of excise or for export under bond, as if suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, would be required to be collected in respect of those goods in terms of the provisions of this Rule at the rate that would apply to the goods when actually manufactured or produced in this factory. That would mean the requirement of approval of price list and classification list and also the duty payment with reference to the relevant date for that purpose specified in the Act and the Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support of their plea. He has pleaded that till the testing was completed the appellants product could not be considered as marketable and hence the product could not be considered as excisable. 6. We observe that in the facts of the case referred to supra, the Tribunal took note of the fact that in terms of the contract, before the goods are delivered, testing was one of the requirements and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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