2002 (8) TMI 485

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Industries, Surat, M/s. Laxmi Silk Industries, Surat, M/s. Adarsh Rayon & Silk Mills, Surat and M/s. Royal Knitting (P) Limited, Halol. The job workers manufactured nylon knitted fabrics from the nylon yarn supplied by M/s. GSFCL and these fabrics were sent to the appellants for further manufacture of laminated fabrics. The appellants availed the Cenvat credit on the duty of excise paid by M/s. GSFCL on the nylon yarn under Rule 57AB of Central Excise Rules, 1944. They were, however, issued a show cause notice dated 10-2-2000 by the Superintendent of Central Excise, Banswara in which it was alleged that during the period from 1-4-2000 to 30-11-2000 they had availed the credit of Rs. 8,01,373/- on the strength of invoices of M/s. GSFCL in r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppeal but the same is rejected by the Commissioner (Appeals), Jaipur, vide his order dated 28-2-2002. 3. This is a stay petition against the impugned order of the Commissioner (Appeals). I have heard Sh. M.P. Devnath, Advocate for the appellants and Sh. S.C. Pushkarna, JDR for the respondents. I have considered the submissions made before me. The ld. Counsel for the appellants is not disputing that the Cenvat credit of duty paid on the inputs used in intermediate product is available to a manufacturer under Rule 57AB as amended by Notf. No. 51/2000-C.E. (N.T.), dated 29-8-2000 provided the job worker is availing the benefit of exemption contained under Notf. No. 214/86-C.E., dated 25-3-86 and the intermediate product is received by ....