1991 (9) TMI 214

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..... stic films which are cleared on payment of duty. In the course of manufacture, some plastic waste and scrap is generated and the benefit of Notification 53/88, dated 1-3-1988 was extended to this scrap and the same was cleared under NIL rate of duty. The Assistant Collector has asked the appellant to reverse the modvat credit of duty paid on the inputs i.e. the plastic granules which are contained .....

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..... t of the Hon ble Tribunal in the case of M/s. Anil Starch Products Ltd., reported at 1990 (49) E.L.T. 525 wherein it was held that in case of by-products carrying NIL rate of duty, Rule 57D has to be applied and the duty credit taken on the inputs used in the by-product cannot be varied or reduced. It is only in the case of final products which are chargeable to NIL rate of duty that the duty cr .....

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