9911796707
TMI Blog1990 (12) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... of India vide order No. 332/88/87 TRU, dated 2-11-1987 have withdrawn the deemed MODVAT Credit in respect of these materials. On that day the Respondents had some of the inputs lying in stock in respect of which they had earlier taken MODVAT Credit. Proceedings were drawn for the reversal of the MODVAT Credit taken in respect of the inputs lying in stock. The learned original authority, however, held that the credit already taken by the Respondents was not required to be reversed. The Collector of Central Excise, Bangalore filed application before the Collector (Appeals) under Section 35E(4) against this order of the Assistant Collector. The Collector (Appeals) has however held that Assistant Collector s order is maintainable in law. The R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to and after 29-8-1986, deemed credit allowed under previous order dated 7-4-1986 lying in balance on 28-8-1986 can be permitted to be availed for payment of duty on final products. In this context he also referred to the decision of the Tribunal in the context of Rule 56A in the case of Wipro Information Technology - reported in 1988 (11) ETR 571. He has pleaded that in view of above, it has to be held that the Collector (Appeals) s order is maintainable in law. 4. We observe that this Bench of the Tribunal in the case of CCE, Bangalore v. M/s. Sundar Engineering Industries in Appeal No. E/4/90, decided on 5-12-1990 had occasion to examine the matter in detail and has held as under : The question, therefore, arises for considera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le under the deeming provision for the MODVAT Credit and these after the credit in respect of the same had been taken, came to be covered by the MODVAT provisions and by virtue of that, their character changed inasmuch as the same in terms of the MODVAT Scheme came to be treated as fresh manufacture of the manufacturers unit and in terms of Rule 57F(2) the same could be removed only by following the procedure for the goods manufactured in the respondents factory. So far as taking of the credit under the erstwhile direction of the Govt. of India is concerned the event had acquired finality when these came in the hands of the respondents and the respondents had taken MODVAT Credit in respect of the same. After that, if any review had to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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