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TMI Blog2006 (4) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of Rule 57A will have to be noted and its parameters determined. Rule 57A insofar as it is relevant provides as follows : Applicability. - The provisions of this section shall apply to such finished excisable goods (hereinafter, in this section, referred to as the final products) as the Central Government may, by notification in the Official Gazette, specify in this behalf for the purpose of allowing credit of any duty of excise or the additional duty under Section 3 of the Customs Tariff Act, 1975 (51 of 1975), as may be specified in the said notification (hereafter, in this section, referred to as the specified duty) paid on the goods used in the manufacture of the said final products (hereafter, in this section, referred to as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of credit of duty on certain goods. - Notwithstanding anything contained in Rule 57A, the(1) manufacturer of final products shall be allowed to take credit of the specified duty paid on the following goods, used in or in relation to the manufacture of the final products, whether directly or indirectly and whether contained in the final products or not, namely :- (i) ................. (ii) ................ (iii) goods used as fuel; (iv) goods used for generation of electricity or steam, used for manufacture of final products or for any other purpose, within the factory of production;" 4.These goods which have been specified under Rule 57B have been specially provided for treatment different from those specified under Rule 57A. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could be permitted only to a limit of 10% ad valorem. 7.According to the appellant this 10% limit on the credit did not apply in respect of those goods which were cleared under Rule 57B. Learned Counsel appearing on behalf of the respondents has, however, submitted that the Notification dated 1st March, 1994, while specifying the duties in respect of which credit could be taken at the same time provided for restrictions of credit up to the limit of 10% ad valorem. Therefore, when Rule 57B spoke of specified duty it would be taken to mean duty as specified in the Notification subject to the restrictions contained therein. 8.It may be mentioned that the inputs or furnace oil used as fuel by the appellant had been subjected to excise duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on No. 21/98-C.E. (N.T.), dated 2-6-1998 provides for a restriction in respect of Rule 57A and separately for Rule 57B on the credit available. The Notification amended Rule 57B by not only limiting the credit but also introducing a proviso which reads as follows : "Provided that credit of specified duty in respect of any inputs received in the factory of the manufacturer of final products on or before the 1st day of June, 1998 shall be allowed to the extent of the duty paid on such inputs :" (Emphasis added) Paraphrased it is clear that in respect of inputs received prior to 1st June, 1998, credit would be allowed to the entire extent of the duty paid on such inputs. Therefore prior to 1st June, 1998 there was no limit on the credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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