1998 (1) TMI 317

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....-materials received by them and utilised in the manufacture of footwear. Some of the final products being manufactured by the appellant firm out of the said raw-materials are exempted from payment of duty and as such, the appellants are required to reverse the Credit of Duty availed on the inputs used by them in r the manufacture of such exempted variety of footwear in terms of the provisions of Rule 57C of the Central Excise Rules, 1944. There is no dispute on this legal proposition from either side. The dispute revolves around the method of calculation of the reversal of the Modvat Credit. The case has already met one round of the Tribunal wherein the demand of duty originally confirmed against the appellant firm, was set aside by CEGAT v....

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....mount of Credit taken along with the extract of Part-I and Part-II of RG 23A registers. In case the consolidated maintenance of RG 23A, Part-II was adhered to, at the end of every month, a statement in the proforma of Annexure : B2., appended to the Trade Notice was required to be submitted by the assessee. 2.  Shri Bagaria, learned Advocate appearing for the appellant firm submits that the Commissioner has decided the matter on the basis of the Circular dated 4-5-1994 bearing No. 33/33/94-CX on the basis of which the Trade Notice was issued by the Calcutta Commissionerate. He submits that the said Circular has since been modified by the Board vide its Circular No. 232/66/96-CX., dated 25-7-1996. The appellant firm may be now permit....