TMI Blog2001 (5) TMI 648X X X X Extracts X X X X X X X X Extracts X X X X ..... nts manufacture Ingots falling under Chapter No. 72 of the Schedule to the Central Excise Tariff Act, 1985. They were availing Modvat facility under Rule 57A/57Q of the Central Excise Rules, 1944 and with effect from 1-8-1997, they started paying duty on the compounded rates as provided under Section 3A of Central Excise Act, 1944. They were issued a show cause notice dated 29-1-1998 by the Asst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent by setting aside the order passed by the Original Authority. In arriving at this decision, the ld. Commissioner (Appeals) relied on the decision of the Hon ble Allahabad High Court in the case of M/s. Super Cassette Industries Ltd. v. UOI reported in 1997 (94) E.L.T. 302 (Allahabad). 3. The present appeal is against the above order of the Commissioner (Appeals). I have heard Shri Pankaj Mull ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the date when such option is exercised. The latter sub-rule provides that on 1-8-1997, the Modvat credit lying in balance with the manufacturers of the type under consideration who opt for paying duty under Section 3A shall lapse and shall not be allowed to be utilised for payment of duty on any excisable goods. It is observed that in the present case both of these provisions do not adversely af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalised credit unless the inputs are used in accordance with Rules 57A and 57F and either excise duty is paid on final product or the inputs are otherwise disposed off for home consumption or exported, are made in respect of the final products which are cleared without payment of duty. In the present case, the final products are cleared on payment of duty and the Modvat credit lying in credit of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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