2000 (12) TMI 403

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.....P. Kaushik, Advocate, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The Revenue seeks reference of the following questions of law stated to be arising out, of Tribunal's Final Order dated 31-7-1998 : (i)      Whether time-limit prescribed under Section 11A of the Central Excises and Salt Act, 1944 can be imported into money credit scheme und....

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....ly on merits? 2. The brief facts leading up to the filing of the reference application are that the respondents/assessees herein who are engaged in the manufacture of vegetable products falling under Chapter Heading 15.04 of the Schedule to the CETA, 1985 availed credit on solvent extracted mustard oil under Notification 27/87, dated 1-3-1987, during the quarters ending June, 1988 and Sept....

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....ificates dated 12-1-1989 and 26-5-1989 have been treated to be invalid. In these circumstances show cause notice was issued to the assessees on 1-9-1989 proposing recovery of a sum of Rs. 2,13,005/-. The Assistant Collector vide Order-in-Original No. 116/AC/D/92, dated 7-5-1992 disallowed the credit holding that the certificates were invalid. The lower appellate authority also upheld the order of ....

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....earing both sides and noting the recent decision of the Supreme Court in the case of Commissioner of Central Excise, Jaipur v. Raghuvar India Ltd. - 2000 (119) E.L.T. 611 (S.C.) wherein the Apex Court has held that Rule 57-I of the Central Excise Rules as it stood prior to its amendment on 16-10-1988, did not prescribe any period of limitation and, therefore, the question of time bar did not arise....