LAWS(CE)-2004-6-249

HINDUSTAN UDYOG Vs. CCE

Decided On June 11, 2004
Hindustan Udyog Appellant
V/S
CCE Respondents

JUDGEMENT

(1.) The appellant filed this appeal against Order -in -Appeal passed by the Commissioner (Appeals).

(2.) The brief facts of the case are that the appellants are engaged in the manufacture of excisable goods and were availing the benefit of Modvat Scheme in respect of the inputs used in the manufacture of final product. The appellant started availing the benefit of small scale exemption under Notification No. 8/99 -CE with effect from 1.4.99. The appellant opted out of the Modvat Scheme with effect from 31.3.99. At the time of opting out of the Modvat Scheme the appellant had reversed the credit in respect of the input lying in stock as well as inputs in the finished products, which was also lying in stock. A show -cause notice was issued to the appellant demanding duty of Rs. 44,614 in respect of the inputs lying in stock and the inputs in the final product as on 1.4.99.

(3.) The demand was confirmed. The appellants are not challenging the impugned order on merit. The appellants are challenging the quantification of the demand.