TMI Blog1997 (5) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... Joglekar, Member (T)]. The appellants were availing of the benefit of Notification No. 201/79, dated 6-4-1979 for seeking credit of the duty paid on blended fibre tops used in the manufacture of non-cellulosic spun yarn. The balance in their RG 23 Part II Register on 28-2-1986 was Rs. 1,68,310.09. On 1-3-1986 and 3-3-1986 they received the same inputs and also took credit thereupon. Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was the single day of 28-2-1986 when the Notification had ceased to exist having been rescinded by Notification No. 186/86. The thrid part according to him was 1-3-1986 and thereafter. 4. Shri Shah stated that during the existence of the Notification No. 201/79 the assessee had the right to earn and utilise the credit of duty paid on the inputs used in the manufature of the final products. Even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding 27-2-1986 is not warranted. 5. As regards the third part namely 1-3-1986 and onwards, the learned Advocate very fairly cites the majority judgment of the Tribunal reported in 1996 (87) E.L.T. 400 (Tribunal) = 1996 (28) ETR 579 in the case of Kothari Oil Products Co. v. C.C.E., Rajkot and states that in view of the judgment he has no claim for this part. 6. We now come to the middle part a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this argument. The requirement of following the procedure set out in the Schedule to Rule 56A would arise only where earlier such benefit was claimed under that Rule or where the benefit was claimed under notification issued under Rule 8 (sic.) of the Central Excise Rules which notification itself prescribed that the procedure prescribed under Rule 56A should be followed. Notification No. 201/79 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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