2007 (8) TMI 603

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....ppellant. S/Shri S.C. Kamra, and G.K. Mahajan, Advocates, for the Respondent. [Order]. - Heard both the sides and perused the records. 2. The Revenue filed this appeal against the impugned order. 3. The respondent is engaged in the manufacture of synthetic yarn out of fibre. The respondent was availing credit of the Additional Duties of Excise (ADE). The Additional Duties ....

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.... - 2002 (140) E.L.T. 277 (Tribunal-LB), which is not applicable herein. 5. The ld. Advocate on behalf of the respondent submits that the Central Board of Excise and Customs vide Circular dated 22-3-2007 clarified the refund of any credit on Additional Duties of Excise. He reiterates the findings of the Commissioner (Appeals). 6. After hearing both the sides and on perusal of the re....

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.... Nil rate of duty. Consequently, the credit of duty paid on inputs is inadmissible only when the final product is exempted from duty of excise leviable thereon under Section 3 of the Central Excise Act, 1944. If the final product is not chargeable to AED, it cannot be said that the final product is exempted from basic excise duty. Further, the condition relating to the restriction on the utilizati....