9911796707
TMI Blog1997 (2) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... or the respondents. Briefly stated, the facts of the case are as follows :- 1.1 The respondents herein was availing credit of excise duty on the following inputs, namely - (1) Alum (2) China Clay (3) Resin (4) Formal dehyde (5) Soap Stone Powder (6) Sodium Sulphate (7) Sodium Hexamet Phospate (8) Lime 1.2 The above raw materials were use ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1944 w.e.f. 1-3-1987. 1.4 the original authority disallowed transfer of the unutilised aforesaid credit to the Modvat credit account. Lower appellate authority, however, has allowed the transfer on the following reasoning :- "I have considered the submissions made by the appellant both in their written appeal as well as those made during the hearing. It appears that Notification 225/86 givi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransfer of credit in terms of Rule 57H(3) of Central Excise Rules. Notification No. 225/86 was of the kind envisaged under proviso (ii)(b) to Rule 56A(2) as it stood prior to its omission with effect from 1-4-1987 and the appellants were eligible to avail of Rule 56A read with Notification 225/86. Denying them the benefit of this procedure was contrary to law. Assistant Collector's order is accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification No. 225/86-C.E., dated 3-4-1986 has been withdrawn vide Ministry's letter No. 211/70/86-CX.6, New Delhi dated 3-11-1986. Rule 57H(3) provides for transfer of credit laying unutilised immediately before obtaining the dated acknowledgment of the declaration made under Rule 57G from RG23 to RG23A Part-II account. The appellant had maintained RG23 account under Rule 56A which had not bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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