TaxTMI 
TaxTMI 
2004 (5) TMI 442
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....n respect of such inputs. At times, the inputs are removed as such i.e. without subjecting them to any manufacturing process. Issue arose as to what is the appellant's liability in such cases. The appellant contended that they were not required to make any fresh assessment of the inputs so cleared. They were only required to reverse the credit taken in respect of such inputs. Under the impugned orders it was held that the inputs cleared as such should be subjected to the process of assessment and appropriate duty paid. Consequently, differential duty demand has also been raised. 3. The appellants contend in these appeals that the impugned orders are contrary to the settled law. Learned Counsel for the appellant took us through the Lar....
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....lowed in respect of the inputs under Rule 57A. As has been observed by the majority in the Larger Bench decision in American Auto Services case the provision is intended to provide the same benefit availed of by the Revenue where the rate of duty has gone down during the interregnum". Learned Counsel also submitted that under Chapter X Procedure also assessees were eligible to take credit of duty paid on inputs and the requirement under that rule had come up for consideration before this Tribunal. The Tribunal has held that what was required in those cases was to return the amount equivalent to the duty on the inputs. (Order No. 251/89-A of the Tribunal in Appeal No. E/495/91-A). According to the learned Counsel, the introduction of new Ce....