CCE Vs. KOTHARI INDUSTRIAL CORPORATION

JUDGEMENT

(1.) The Hon'ble High Court of Judicature at Madras have directed this Tribunal in Reference Case Petition No. 12/97 dated 11.4.2000 to draw up statement of facts and refer the matter alongwith material documents required for deciding the following question:

(2.) Revenue has filed a set of documents relevant for the purpose of deciding the question and in terms of the same, the following statement of facts is drawn up:

(3.) M/s. Kothari Industrial Corporation Limited, Madras -34, were permitted to take credit of an amount of Rs.14,94,135.09 being the incentive on clearances of Caustic Soda made in excess of the base clearance in terms of the provisions contained in Notification No. 116/84 -CE dt. 11.5.94 issued under Rule 56 AA of the Central Excise Rules, 1944. The above credit was authorized on the strength of information furnished in their application submitted through their letter dated 29.5.85. As per the information furnished against SI. No. 7 of the application from the number of days that the factory remained closed for more than 15 days was shown as Nil.