9911796707
TMI Blog2000 (12) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Revenue who reiterates the grounds in the revenue appeal and submits that he could not locate any decision of the Larger Bench on this issue nor he has any information whether the issue is pending before the Larger Bench as was recorded in the note sheets earlier when this matter came for consideration. 3. Ld. Consultant Shri C. Chidambaram for the respondents submits that there is no Larger Bench decision on this issue, nor to his knowledge any such matter is pending decision before the Larger Bench. He submits that the issue is well covered by the Tribunal decision in the case of Orissa Synthetics Ltd. - 1995 (77) E.L.T. 350 and Reliance Industries [1995 (78) E.L.T. 595 (Tribunal) = 1995 (59) ECR 395], wherein the ld. Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been cleared to an advance licence holder for procurement of duty free intermediate products and therefore no credit on the inputs used was admissible and the order of Collector (Appeals) to this effect that Rule 191BB and notification issued thereunder laid down regress procedure was not relevant in this case. The Board has instructed that intermediate advance licence holder would not be entitled for Modvat credit on such indigenous raw material used by him and a Trade Notice has been issued to that effect and since the party themselves has expunged the credit, the dispute whether such proportionate credit was to be expunged now well settled and even assuming that clearances in terms of Rule 191BB can be considered as clearances for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Modvat rules" has been examined and determined . We find that the above view has been reiterated in the case of Reliance Industries Ltd. reported in 1999 (112) E.L.T. 653 (T) = 1999 (34) RLT 215 by the WZB relying on earlier decision of Reliance Industries Ltd. - 1995 (78) E.L.T. 595 and Orissa Synthetic Ltd. - 1995 (77) E.L.T. 350 and other case laws. Therefore, we find that the issue is no longer res integra. (b) When we find that input credit cannot be denied, we cannot deny the same merely because certain advance licences under same other scheme have been obtained by the assessee. If those advance licences are impugned, the action would be available to deny them benefit under those licence. Since we find that under the Modvat rules cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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