TMI Blog2014 (1) TMI 1792X X X X Extracts X X X X X X X X Extracts X X X X ..... ption notification, therefore filed refund claim - appeal was rejected on the ground that the appellants required to reverse the credit of duty paid on inputs contained in the finished products lying in stock on the date appellant opted for exemption notification - Held that: - The Honble Punjab and Haryana High Court in the case of CCE Vs. HMT (TD) Ltd. [2010 (4) TMI 1036 - PUNJAB AND HARYANA HIG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inputs used in the manufacture of excisable goods w.e.f.1.3.2002 vide Notification No. 6/2002-CE dt. 1.3.2002. The Anti HIV formulations were exempted from payment of Central Excise duty. The appellants opted for the benefit of notification and reversed the credit by paying through PLA in respect of the inputs contained in the finished goods lying in stock. Subsequently, appellant filed refund cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) Commissioner of C. Ex., Bangalore-II CE Vs. Tafe Ltd. (Tractor Division) 2011 (268) ELT 49 (Kar.) The contention is that the Honble High Court upheld the decision of the Tribunal whereby it has been held that at the time of opting for exemption the credit which has been already utilized need not be reversed. The contention is that the refund claim was rejected on merits that appellants were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant opted for exemption notification. Appellant relied upon the decision of the Honble High Court in support of their claim. The Honble Punjab and Haryana High Court in the case of CCE Vs. HMT (TD) Ltd. (supra) held in favour of the manufacturer. In view of the above, we find that the matter requires reconsideration by the adjudicating authority afresh the adjudication authority will decide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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