9911796707
TMI Blog1998 (9) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order]. - This appeal is directed against the order captioned above passed by the Commissioner of Central Excise (Appeals), Mumbai. At the outset, the ld. Counsel for the respondents submitted that there is a misc. application filed by them for changing the title in respect of the respondents M/s. Brook Bond Lipton (I) Ltd. consequent upon the amalgamation with Hindustan Lever Ltd. in pursuance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unfinished goods as well as the stock of inputs lying with them as on 24-7-1991. Show cause notice was issued to the respondents on 20-1-1992 for reversal of Modvat credit of Rs. 2,80,094/- under Rule 57-I of Central Excise Rules. The respondents in reply, inter alia, referred to the application under Rule 57H for transitional credit facility and pointed out that while considering their applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hri K.L. Ramtake for the appellant Commissioner contended that the credit taken in respect of the inputs lying in stock as well as those in the finished products will have to be reversed when the final product becomes exempted and relied upon the Allahabad High Court judgment in the case of Super Cassettes Industries Ltd. v. U.O.I. - 1997 (94) E.L.T. 302 (All). 4. Shri M.H. Patil, the ld. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /93, dated 19-1-1994 be confirmed with direction that said demand should be enforced by Divisional Asstt. Collector as per Rules and Regulation after deciding the pending application under Rule 57H of the Central Excise Rules, 1944 of the assessee." 6. Thus, there is an admitted position by the Department that the demand need to be adjusted against the amount of transitional credit as claime ..... X X X X Extracts X X X X X X X X Extracts X X X X
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