TMI Blog2000 (2) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : Jyoti Balasundaram, Member (J)]. Revenue has filed the above Application for reference of the following questions of law stated to have arisen out of the Tribunal Final order Nos. A/216-217/99-NB, dated 9-4-1999 :- In the case of M/s. Standard Sulphonators (P) Ltd. 1. Provisions of Notification No. 175/86 i.e., during the period in which clearances where effected at nil rate o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d benefit of full exemption is permissible under the law. 2. Accumulated Modvat credit of the last financial year can be carried over to next financial year when the party is not entitled for Modvat credit since the party was clearing the goods at nil rate of duty under Notification No. 175/86, dated 1-3-1986. 3. The assessee can adopt their own procedure without any backing of the statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the Tribunal which were allowed holding that the declaration initially filed for the purpose of availing Modvat credit is sufficient and that the assessees are not required to file a fresh declaration on returning to the Modvat scheme after crossing the exemption limit prescribed in the SSI exemption Notification. The Tribunal followed its earlier decision in the case of Wox Coolers (P) Ltd., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tribunal taking a different view and he therefore contends that the Signs India decision should not be taken as a ground for allowing the Reference. 4. We have considered the submissions of the both the sides. Although several decisions of the Tribunal including the ones relied upon in the final order which has given rise to the present reference application have taken a particular view, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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