TMI Blog2004 (8) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... paid on inputs during 1999-2000; that as on 31-3-2000, they had a closing stock of inputs and finished goods involving Modvat credit of Rs. 86,222/- whereas the closing balance in their RG 23A Part II was nil; that with effect from 1-4-2000 they started availing total exemption from payment of duty under Notification No. 8/2000; that the amount of Rs. 86,222/- relating to credit of inputs was debited by them in their PLA on 3-10-2000; that further interest thereto was also deposited under TR 6 challan dated 22-12-2000. He further mentioned that a show cause notice dated 27-3-2001 was issued to them for demanding the duty by denying the benefit of Notification No. 8/2000 as they had failed to reverse the Modvat credit on the inputs lying in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ajaj Tempo Ltd. v. CCE, Indore [2004 (165) E.L.T. 323 (Tri.)] wherein it has been held by the Tribunal that benefit of Notification cannot be denied merely on the ground that Certificate stipulated in Notification was produced subsequently when it is not disputed that project was financed by International Organisation and approved by Central Government. Reliance has also been placed on the decision in the case of Shyam Oil Cake (P) Ltd. v. CCE, Jaipur [1997 (92) E.L.T. 423] and Birla Institute of Technology v. Collector of Customs [1991 (56) E.L.T. 753 (Tri.)]. 3. Countering the arguments Ms. Charul Barnwal, learned Senior Departmental Representative submitted that as per Para 2 of Notification No. 8/2000, the exemption shall apply subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ock as on 1-4-2000. Similarly, the inputs in respect of which Modvat credit had been taken and utilised were also lying in stock as on 1-4-2000. The other admitted fact is that the duty involved in these inputs was debited by them only in the month of October, 2000. Notification No. 8/2000 is available subject to the condition that the manufacturer shall not avail the credit of duty under Rule 57A of the Central Excise Rules, 1944 paid on inputs used in the manufacture of the specified goods cleared for home consumption. It is not the case of the appellants that they have not used the inputs which were lying with them in stock in the manufacture of specified goods or they had not cleared the finished goods lying with them in stock as on 1-4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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