9911796707
TMI Blog1997 (4) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... that among the conditions laid down in para b(ii) of the Notification No. 231/87 one condition is in respect of purchases of ethyl alcohol from another unit, the other condition is in respect of integrated unit and as such only one condition is required to be fulfilled in order to be eligible for grant of money credit under the Notification which as per facts stated by the respondents are fulfilled. The ld. Collector (Appeals) therefore, held that" I am of the view that they are eligible for money credit under the scheme envisaged under Notification No. 231/87, dated 1-10-1987." 2. The facts of the case are that the respondents herein are engaged in the manufacture of organic chemicals and have been using ethyl alcohol as raw material fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the assessee submitted that the entire demand is time-barred inasmuch as the credit of money was taken from 1st November 1987 to 2nd May, 1988 whereas the show cause notice was issued on 19-6-1989 much beyond the period of six months. The assessee submitted that they had filed a declaration on 30th October, 1987 stating that they would avail money credit scheme under Notification No. 231/87 on ethyl alcohol used in the manufacture of organic chemicals; that money credit was allowed to them for the month of November 1987 to May 1988; that there was no allegation of misstatement or suppression of facts warranting longer time limit of five years; that Notification No. 166/88 was clarificatory in nature and therefore, would take effect from 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petro-Chemicals) No. 15021/6/87-Chapter-II Desk, dated the 29th September 1987. Ld. Counsel submitted that Notification No. 166/88-C.E., dated 3-5-1988 amended the Notification No. 231/87-C.E. that the amendment reads as in the proviso to Condition (ii), for the words `inside the factory where the said final products are manufactured , the words `inside the factory or in any other factory of the same manufacturer, where the said final products are manufactured shall be substituted. He submits that during the material period, they were fully covered by Clause b(ii) inasmuch as they were paying the price of ethyl alcohol to their unit at Barabanki by issue of regular debit notes and thus the conditions were fully complied with. Ld. Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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