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TMI Blog2000 (9) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondents. [Order per : Jyoti Balasundaram, Member (J)]. - The appellants herein are engaged in the manufacture of PET bottles, jars, etc., falling under Chapter Heading 39.23 of the Schedule to the CETA 1985 and availing of the Modvat facility under Rule 57A of the Central Excise Rules. They received 17 consignments of inputs from M/s. Futura Polymers Ltd., Chennai, a 100% EOU during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er (Appeals) who held that after the issue of Notification 21/99-C.E., dated 28-2-1999, only the amount of central excise duty equivalent to additional duty of customs actually paid on the subject inputs is eligible for Modvat credit. She allowed the appeal of the assessees in respect of credit taken prior to 28-2-1999 subject to verification of actual additional customs duty leviable on like good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty paid by a 100% EOU in respect of goods cleared to any place in India is excise duty and hence the question of dissecting the said duty into different components of basic customs duty, auxiliary duty, additional duty of customs, or any other customs duty does not arise. The Tribunal has held that the method to determine the quantum of Modvat credit available to a manufacturer in respect of go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... customs payable on like goods, then the manufacturer shall be eligible only to the extent of actual duty paid by 100% EOU. 4. The relevant Notification in this case is 21/99. We perused the same and find that the learned Counsel is correct in his submission that the relevant clause is identical to Notification 5/94-C.E. which was the predecessor Notification inasmuch as both Notifications s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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