9911796707
TMI Blog1994 (3) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. [Order per : Jyoti Balasundaram, Member (J)]. The appellants herein are manufacturers of Detonators and Detonating fuses falling under Item 68 of the Schedule to the erstwhile Central Excise Tariff. Excisable goods falling under Tariff Item 68 were specified under Rule 56(1) as goods to which the proforma credit procedure was applicable and the appellants took credit of duty under R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of making necessary adjustment in PLA maintained by the appellants, a statement showing payment of differential duty consequent to price revision was sent by M/s. I.D.L. Chemicals Ltd. on 5-8-1986. 2. On 22-10-1986, the appellants applied to the Superintendent of Central Excise, Bharatpur for permission to avail of proforma credit for the amount of duty covered by the certificate of payment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. The lower Appellate authority upheld the order of the Assistant Collector. Hence this appeal. 4. We have heard Shri S. Madhavan, learned Chartered Accountant and Shri V.C. Bhartiya, learned DR and carefully considered their submissions. We find that adjustment in credit account due to variation in duty resulting in recovery of extra duty from the manufacturers is permissible under Fifth provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tic Motors Pvt. Ltd. v. Collector of Central Excise, reported in [1991 (52) E.L.T. 532]. Para 8 of the order is reproduced below - ******* Following the ratio of the order supra, we hold that the appellants are entitled to adjustment in credit account of differential duty paid upto 4th February 1986 (prior to introduction of Modvat Scheme) either by adjustment in RG-23A or in PLA or in cash. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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