2006 (11) TMI 8

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....te Tribunal New Delhi (for short 'the Tribunal') in Appeal No. E/ 1644/96-B whereby the Tribunal while dismissing the appeal filed by the assessee has affirmed the order passed by the authorities below. 2. The issue involved in this appeal is as to whether M/ s Mohan Steels Ltd., the appellant herein, is entitled to the exemption from payment of excise duty in terms of Notification No. 202/88-CE,....

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....xcise leviable thereon which is specified in the said schedule when the final products are made from any goods of description specified in the corresponding entry in column (2) of the said Table. There is condition in the notification that the inputs are exempted from payment of excise duty provide they have suffered the duty under the said Act at one stage or the other. The only controversy which....

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....of this notification, all stocks of inputs in the country except such stocks as are clearly recognisable as being non-duty paid shall he deemed to be the inputs on which duty has already been paid."       4. Front the reading of the explanation it is clear that there would be presumption that all stocks of inputs to be duty paid except such stocks as are clearly rec....