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TMI Blog2010 (1) TMI 1237X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal was challenged before the Tribunal and the Tribunal remanded the matter back to the lower authorities for reconsideration of the issue. On reconsideration of the issue, the ld. Commissioner (Appeals) passed an order-in-appeal No.136/2005 (H-III) CE dt.30/6/2005 allowing the appeal of the respondent once again. Aggrieved by such an order, Revenue has filed an appeal No.E/954/2005. Pending decision of such appeal, the lower authorities felt that the appellant should not have taken the credit amount which was sanctioned vide order-in-appeal No.84/2004 and having utilized the same, the appellant is liable to repay back to the Department. The same was paid back and subsequently applied for the refund of the said amount, which was rejected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. We have gone through the records of the case carefully. The money credit scheme was introduced for encouraging the use of minor oils in the manufacture of vanaspati. When the assessee used certain minor oils, they would be entitled to money credit which can be utilized for payment of duty on vanaspati. In the year 1996, the money credit scheme was abolished. At that time, the respondents accumulated money credit to the tune of ₹ 17.92 crores. The duty was introduced on vanaspati at the rate of ₹ 1.25 per kg as per Notification 37/03-CE dated 30.4.03. The respondents requested that the accumulated amount of credit in their RG23 B-2 may be allowed to be adjusted against the duty payable on clearance of their final on monthly b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed for payment of duty while clearing the final product and the accumulated credit will not ipso facto get exhausted or lapsed on the rescinding of the notification issued under Rule 57K of the Rules, and therefore, notwithstanding the rescinding of the notification issued in the year 1987 by the notification dated 25 th of August, 1989, a manufacturer would continue to utilize the credit accumulated in his favour for payment of duty, even after the recession of the notification, but subject to the provision, contained in Clause (iii) of the notification, which granted the accumulation of credit and utilization of the same for payment of duty. 7. In view of the clear principle laid down by the Apex Court, the grounds of appeal made by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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