1999 (11) TMI 222

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..... lant. Ms. Aruna Gupta DR, for the Respondents. [Order per : S.L. Peeran, Member (J)]. - This appeal arises from order-in-original No. 9/98, dated 9-1-1998 reclassifying the products which are in the nature of P & Q formulat ions under tariff sub-heading No. 3003.20 and chargeable to NIL rate of duty. As a result, the appellants utilising the Modvat credit has been directed to be reversed to t .....

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..... . 36,04,926/- being the credit of duty paid on the inputs used in the manufacture of final products meant for export attracting NIL rate of duty and utilisation for payment of duty on the products cleared for home consumption should not be recovered from them under provisions of Rule 57(1) of C.E. Rules, 1944. He submits that once the classification list had been approved it will have a binding ef .....

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..... falls on a different footing than the aspect pertaining to reclassification. 4. In response to this argument, ld. Counsel submits that eligibility to Modvat credit was as a result of approved classification list. Therefore, the issue cannot be split into two aspects and hence Apex Court judgment is applicable to the facts of this case. 5. On a careful consideration of the submission, .....

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