CCE Vs. HINDUSTAN LEVER LTD.

JUDGEMENT

(1.) HEARD the learned SDR as none appeared on behalf of the respondents.

(2.) REVENUE filed this appeal against the Order -in -appeal passed by the Commissioner (appeals).

(3.) IN this case, the admitted facts are that inputs are manufactured and cleared by 100% EOU and were received by the respondents. At the time of clearance 100% EOU paid duty after availing benefit of notification No. 2/95. The respondents availed credit of duty paid by 100% EOU. As per provisions of Rule 57A of the Central Excise Rules, the credit of specified duty in respect of inputs manufactured and cleared by 100% EOU shall be restricted to the extent which is equal to the additional duty leviable on like goods under Section 3 of the Customs Tariff Act, paid on such; inputs. The issue of available of credit in respect of inputs cleared by 100% EOU came before the Larger Bench in the case Vikram Ispat v. CCE, Mumbai -III, (Supra) and the Tribunal held as under: