2008 (7) TMI 714

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..... Shri N.J. Kumaresh, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - The appellants are engaged in the manufacture of polyester fibre and polyester filament yarn [for which monoethylene glycol (MEG, for short) is one of the inputs]. Under Notification No. 201/79-C.E. dated 4-6-1979 as amended from time to time, the duty of excise paid on inputs could be adjusted against....

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....e duty paid on MEG. However, subsequently, they filed a refund claim for Rs. 5,56,532.10 with the jurisdictional Assistant Commissioner. This claim, which was for an amount equivalent to the duty paid on MEG used in the manufacture of final products during 1-3-1986 to 2-4-1986, was made on the strength of the relevant provisions of the Central Duties of Excise (Retrospective Exemption) Act, 1986. ....

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....the Supreme Court's judgment in Collector v. Sirpur Paper Mills Ltd. - 2001 (132) E.L.T. 266 (S.C.), wherein it was held that the benefit of set-off under Notification No. 225/86-C.E. dated 3-4-1986 was available to the manufacturer of final products with retrospective effect from 1-3-1986 by virtue of the provisions of Section 2 of the 1986 Act. Further, the Tribunal's decision in Indian Petroche....