2005 (8) TMI 610

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CEX/R-III/Tata/SCN/2002 dated 16-9-2002. 2. The Revenue has filed the present appeal on the ground that the respondent is engaged in the manufacture of UPS Systems and for the said systems the PCBs and transformers are the intermediate products for which the respondent had claimed the exemption under Notification No. 67/95 dt. 16-3-1995. Up to March 2000, Rule 57D(2) of Central Excise Rules, 1944, provided for eligibility of credit on inputs used in the manufacture of intermediate products even though the intermediate products were exempted from duty. Therefore the respondent was eligible for Modvat credit on inputs used in the manufacture of PCBs and Transformers only up to March 2000. However, after the introduction of the Cenvat ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., the extended period of limitation is not applicable and the demand is clearly time barred. 4. Personal hearing was fixed on 12th July, 2005, S/Shri Bharat Raichandani, Advocate, Ramdas Gadiyar Advocate and P.K. De, Manager Excise have attended on behalf of the respondent and reiterated the arguments advanced in their cross objection. 5. The term input was defined in Rule 57A which came into force w.e.f. 1-4-2000 as follows : "Input" means all goods used in or in relation to the manufacture of final products whether directly or indirectly and whether contained in the final product or not, and whether used as packing material or as fuel, or for generation of electricity or steam, except high speed diesel oil and motor spi....