2001 (2) TMI 483

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....uts viz., 'Neem Oil' and credit so availed was being utilised towards payment of Central Excise duty on their final product - 'soaps' in terms of Rule 57-N of Central Excise Rules, 1944. 2. The Notification No. 46/89-C.E. (N.T.), dated 11-10-1989 was rescined vide Notification No. 16/96-C.E. (N.T.), dated 23-7-1996 and consequently, the benefit of the money credit stood withdrawn with effect from this date. The party was however, having a balance of money credit amounting to Rs. 7,76,991.17 unutilised on this date. Vide their letter dated 23-7-1996 addressed to the Asstt. Commissioner, they requested for permission to utilise the unutilised credit which was rejected by the Asstt. Commissioner vide his letter dated 21-2-1997. The par....

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....-1997 in which he held "The Hon'ble Court directed the respondents to utilise the credit already earned prior to the notification issued on July 23, 1996. Accordingly, I permit M/s. Bakeman Industries Ltd., Soap Division, to utilise the credit of Rs. 7,76,991.17 in respect of the earlier clearances made on their final product. 4. The Department filed an appeal against the above order of the Asst. Commissioner before Commissioner (Appeals), Chandigarh. The Commissioner (Appeals) in his Order dated 25-11-1997 relied on the judgment of the Hon'ble Supreme Court in the case of M/s. Dhampur Sugar Mills v. C.C.E., Meerut [1998 (102) E.L.T. 509], in which it is held that rescinding of the scheme would not effect the rights already accrued ....

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....d, still the issue which is settled between these parties cannot be disturbed. Ld. Advocate for the respondents has relied on the following decisions in support of his contention : (i)      M/s. Geep Industrial Syndicate v. C.C.E., Allahabad - 1997 (90) E.L.T. 271 (S.C.), (ii)     M/s. Kuil Fire Works Industries v. C.C.E. - 1997 (95) E.L.T. 3 (S.C.), and (iii)    M/s. Agarwal Industries Ltd. v. U.O.I. - 1992 (57) E.L.T. 561 (A.P). The view held in this judgment of Andhra Pradesh High Court is confirmed by the Apex Court as reported in 1997 (95) E.L.T. A237. 7. I have carefully considered the submissions made before me. It is a common ground that the Hon'ble Punj....