9911796707
TMI Blog1999 (6) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... Agrawal, Member (T)]. - The issue involved in this appeal filed by the Revenue is whether the amount of duty on the raw material which could not be utilised towards payment of duty on finished goods under Notification No. 225/86 is to be refunded in cash to the respondents M/s. Kanara Wood & Plywood Indus. 2. The Respondents, under their letter dated 15-3-1999, have requested to decide the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e duty credit earned by them by virtue of law cannot be wasted by the situation; that beneficiary legislation should be read in a meaningful manner of broad parameters knowing the prime purpose behind the legislation. They have finally submitted that set off provided by Central Excise Rules did not prohibit cash refund to the beneficiary. 4. We have considered the submissions of both the sid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises and Salt Act, or the additional duty leviable under the Customs Tariff Act, 1975 (51 of 1975), as the case may be, already paid on the goods of the description specified in the corresponding entry in column (3) of the said Table (such goods being hereinafter referred to as "inputs") used in or in relation to the manufacture of the final products and falling under such Chapter, heading No. or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified final products equivalent to the amount of duty paid on specified raw material used in relation to the manufacture of such final goods. The benefit of notification is available to the assessee at the time of removal of goods. The notification nowhere provides that any amount left unused will be refundable to the assessee in cash. In the absence of any such provision in the notification, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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