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TMI Blog2005 (5) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... stem Pvt. Ltd. hereinafter called Appellant is directed against the Order-in-Appeal No. V (84) 21/XAP-120/KOL-II/03, dated 20-1-2004 passed by the Commissioner of Appeal II, Central Excise, Kolkata wherein he has rejected the appeal filed by the Appellant. 2. The brief facts of the case are that the appellant availed Modvat credit on inputs which were used in the manufacture of finished products ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E.L.T. 574 (Tri.-Kolkata). 4. Heard Shri K.K. Sanyal, learned JDR for the Revenue who reiterates the findings of the Commissioner (Appeals). He cites the Tribunal's decision in Timex Watches Ltd. v. Commr. of Central Excise, Noida reported in 2004 (174) E.L.T. 452 (Tri.-Del.). 5. I have heard both the sides and perused the records. The findings of the Commissioner (Appeals) in the Impugned Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per Rule 57CC, the options open to the manufacturer were two : (i) to pay 8% of the price of exempted goods as per 57CC(1) unless separate inventory is maintained and (ii) to maintain separate inventory as per Rule 57CC(9) and retrain from taking credit on the inputs used in or in relation to the manufacture of exempted or chargeable to NIL rate of duty final product. Furthermore, the manufact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redecessor Rule 56A was devised by the legislature to give set off of Central Excise duty paid on input against the duty payable on finished excisable goods. Where the final product is chargeable to 'Nil' rate or fully exempted from duty, the question of such set off Modvat credit does not arise. Therefore, there can be no question of the appellant's utilization of the credit of Central Excise dut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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