9911796707
TMI Blog2006 (9) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... erused record. 2. The facts of the case are that the appellant was a manufacturer of Prestressed Cement Concrete Pipes which are liable to Central Excise duty. The appellant was availing itself of Modvat credit on inputs used in such manufacture. Input credit so taken was utilised for payment of duty on these pipes. 3. When there was no credit balance in the appellant s Modvat account (the ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exemption came into force with effect from 3-10-2002.This objection of the appellant was rejected and demand confirmed in adjudication and appeal. Commissioner (Appeals) has specifically relied on the decision of this Tribunal in the case of Albert David Ltd. v. C.C.E., Meerut - 2003 (151) E.L.T. 443 in support of the decision. 5. The submission of the learned counsel for the appellant is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settled by the Hon ble Supreme Court in the case of Dai Ichi Karkaria, the judgment of this Tribunal in the case of Albert David Ltd. would have no application. 6. The learned DR would point out that facts in the present case are the same as in the case covered by the Tribunal in the case of Albert David Ltd. and therefore, the lower authorities were right in applying that decision to the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igarh v. CNC Commercial Ltd. were passed following the judgment of the Hon ble Supreme Court. 8. Rule 12 has no application in the present case since, as already noted, taking of the credit and its utilization were legally correct. Subsequent developments like exemption to the final product is no ground for reopening the credit account. 9. In the result, the appeal is allowed with consequentia ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
