TMI Blog2009 (4) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... 97 and when they switched over to this, the credit lying unutilised, be in the inputs or in the final products, lapsed in terms of sub-rule (17) of Rule 57F of the Central Excise Rules, 1944, appeal is dismissed - 3229 of 2005 - - - Dated:- 17-4-2009 - Prabha Sridevan and M. Sathyanarayanan, JJ. REPRESENTED BY : Shri S. Thirumavalavan, SCGSC, for the Appellant. Shri J. Sankar Raman, Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued on 3-1-2000 by the Superintendent of Central Excise, Range-IV, Cuddalore, to recover the Modvat credit of Rs. 19,99,949/- taken on the inputs lying in stock and on the inputs contained in the finished goods lying in stock as on 11-8-1997. After considering the assessee s reply, the Assistant Commissioner of Central Excise, Cuddalore, confirmed the demand. 2. As against that, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -a-vis Section 3A of the Central Excise Act, 1944? and 2. Whether the credit of duty attributable to the inputs, after the introduction of Section 3A can be recovered under Rule 57(I) of erstwhile Central Excise Rules 1944 or not? Rule 57F(17)(c) of The Central Excise Rules, 1944 reads as follows : Rule 57F (17)(a) . (b) . (c) on the first day of August, 1997, with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opted for exemption from payment of whole of the duty. In fact, the Tribunal in its order had observed that the assessee had come under the Compound Levy Scheme with effect from 1-8-1997 and when they switched over to this, the credit lying unutilised, be in the inputs or in the final products, lapsed in terms of sub-rule (17) of Rule 57F of the Central Excise Rules, 1944. The Tribunal is therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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