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TMI Blog2006 (1) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent. [Order per : Archana Wadhwa, Member (J)]. A very short point is involved in the present appeal. The appellants are engaged in the manufacture of MMF (P) fabrics falling under Chapter 54 of the Central Excise Tariff Act, 1985 and were availing deemed credit of duty. Inasmuch as the appellants were exporting their finished goods, under bond, the deemed credit, so availed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alla, the ld. Consultant for the appellants and Shri U.H. Jadhav, the ld. JDR for the Revenue. 3. The provision of Rule 57F(13) of the Rules provided for utilization of credit for payment of duty of excise on final products or if such adjustment is not possible, for refund of the same. For better appreciation, we reproduce the said rule : (13) Where any inputs are used in the final products w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me was introduced with effect from December 1998 and that they were forced by the department to pay duty of Rs 1.50 lakhs per chamber from their PLA. This has resulted in accumulation of the credit. Our attention has been drawn to an order passed by Commissioner of Central Excise (Appeals) in the case of Ravi Exports Ltd., wherein a D.O. Letter No. 55/6/97-CXI dated 13-7-1997 from the Chairman, CB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apart from the above, we find that the appellants had admittedly paid duty during the relevant period from their PLA. If duty would not have been paid from the PLA, the credit so available with the assessee would have been utilized for payment of duty. This could result in non-accumulation of the same. No assessee benefits from accumulating the credit intentionally and paying duty out of PLA. If ..... X X X X Extracts X X X X X X X X Extracts X X X X
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