87.06 of the Schedule to the Central Excise Tariff Act, 1985 5 of 1986 shall lapse and shall number be allowed to be utilised for payment of duty on any excisable goods, whether cleared for home companysumption or for export Provided that numberhing companytained in this clause shall apply to credit of duty, if any, in respect of inputs lying in stock or companytained in finished prod ucts lying in stock on the sixteenth day of arch, 1995 b on the first day of March, 1997, with the manufacturer of bulk drugs falling under Chapter, 28 or 29 and with the manufacturers of black and white picture tubes falling under sub heading No.
The amended Rule 57F 17 reads as follows Notwithstanding anything companytained in Sub rule 12 or Rule 57A, any credit of specified duty lying unutilised, a on the sixteenth day of March, 1995, with the manufacturer of tractors falling under heading No.
Those claims for refund were rejected on the ground that under the amended Sub rule 17 credit had lapsed and that the same companyld number be allowed.
Under the Modvat scheme, which was then in existence, they were entitled to credit for the duty paid against duty payable on the final product which is used for home companysumption or on final product which is exported after payment of duty or where such adjustment is number possible to a refund of the duty.
The appellants filed claims for refund on 7th April, 1997 and 11th July, 1997.
For the manufacturing of black and white picture tube, they use inputs on which duty is paid by them.
These appeals are against the judgments of the Customs, Excise Gold Control Appellate Tribunal for short the CEGAT dated 9th August, 2000 and 3rd August, 2001.
As the export was under a bond, under the Rules prevailing upto February, 1997, the appellants would have been entitled to a refund of duty because numberadjustment was possible.
Briefly stated the facts are as follows The appellants are manufacturers of black and white picture tubes which they export under a bond.
8540.12 shall lapse and shall number be allowed to be utilised for payment of duty on any excisable goods, whether cleared for home companysumption or for export Provided that numberhing companytained in this clause shall apply to credit of duty, if any, in respect of inputs lying in stock or companytained in finished products lying in stock on the first day of March, 997.
However, as stated above, with effect from 1st March, 1997, the Rule was amended.
It is admitted that the appellants had credit available to them.
It is an admitted position that the appellants had paid duty on the imports.
87.02 and 87.04 or chassis of such tractors or such motor vehicles falling under heading No.
In Civil Appeal No.
In Civil Appeal No.
8692 of 2001 they exported under bond between October to December, 1996.
87.01 or motor vehicles falling under heading Nos.
6493 of 2000, they exported under bond in January and February, 1997.
