9911796707
TMI Blog2003 (3) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacturers of black and white picture tubes which they export under a bond. For the manufacturing of black and white picture tube, they use inputs on which duty is paid by them. Under the Modvat scheme, which was then in existence, they were entitled to credit for the duty paid against duty payable on the final product which is used for home consumption or on final product which is exported after payment of duty or where such adjustment is not possible to a refund of the duty. 3.It is an admitted position that the appellants had paid duty on the imports. It is admitted that the appellants had credit available to them. In Civil Appeal No. 6493 of 2000, they exported under bond in January and February, 1997. In Civil Appeal No. 8692 of 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or for export; Provided that nothing contained in this clause shall apply to credit of duty, if any, in respect of inputs lying in stock or contained in finished products lying in stock on the first day of March, 1997." 5.The appellants filed claims for refund on 7th April, 1997 and 11th July, 1997. Those claims for refund were rejected on the ground that under the amended Sub-rule 17 credit had lapsed and that the same could not be allowed. This view prevailed with the CEGAT which has, by the impugned orders, dismissed their appeals. 6.Before us, reliance is placed upon a three Judge Bench decision of this Court in the case of Eicher Motors Limited v. Union of India reported in 1999 (106) E.L.T. 3 (S.C.). In that case the validity of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tered necessarily it follows that right which accrued to a party gets affected. It is held that the Scheme sought to be introduced cannot be made applicable to the goods which had already come into existence in respect of which the earlier Scheme was applicable and under which the assessee had availed of the credit facility for payment of taxes. It is held that the right which accrued to the assessee on the date when they paid the taxes would continue until the facility available thereto gets worked out or until those goods existed. It is held that the amended sub-rule could not be applied to the goods manufactured prior to 16th March, 1995 (date on which sub-rule 4A came into existence). 8.The principles laid down in Eicher Motors case (s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he manufacturer shall not take credit after six months of the date of issue of any of the documents specified in first proviso to this sub-rule." 10.This Court held that this proviso did not take away vested right and merely laid down a period of limitation. This Court upheld the contention of the Revenue that after the period of six months, credit could not be claimed. It was submitted that sub-rule 17 is merely laying down a period of limitation. It is submitted that no vested right is taken away. We are unable to accept this submission. It must be noted that in Osram Surya's case (supra) reliance had been placed upon the judgment in Eicher Motors case (supra). The Court distinguished the judgment in Eicher Motors case (supra) on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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