2000 (9) TMI 371

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..... : Gowri Shankar, Member (T)]. The appellant manufactures in its factory at Ankleshwar acetic acid using ethyl alcohol as input. It took money credit in terms of a notification under Rule 57K at Rs. 650 per kilolitre of the ethyl alcohol used. It cleared the acetic acid on payment of duty at its factory at Nandesari for manufacture of acetic anhydride cleared on payment of duty. 2. Notice .....

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..... uld not accept this contention and confirmed the demand. Hence this appeal. 4. Notification 217/86 exempts goods from duty if used in the factory of manufacture or in any other factory of the manufacture, in or in relation to the manufacture of final product specified therein. It provided that when the use of input in a factory is different from the factory other than the factory in which goods .....

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..... ged, the option to the assessee is clearly available. The assessee may feel that he is in a position to observe the condition. In that case, there can be no insistence in not following the procedure. 5. The third contention is that the Board in a circular accepted that the provision of Notification 217/86 need not be availed of where it requires following the Chapter X procedure and Modvat credi .....

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