COLLECTOR OF CENTRAL EXCISE Vs. AGARWAL INDUSTRIES

JUDGEMENT

(1.) THIS appeal has been filed by the Revenue against the order of the Collector of Central Excise (Appeals), Hyderabad. The short point that falls for consideration in the appeal is whether in the absence of a fresh declaration under Rule 57 -O of the Central Excise Rules, 1944 required to be filed by the respondents, the benefit under Notification 45/89, dated 11 -10 -1989 could be given based on the declaration earlier filed when Notification 27/87, dated 1 -3 -1987 was in vogue and which came to be rescinded. The lower appellate authority's interpretation in this regard is as under:

(2.) THE learned Collector in his grounds of appeal has urged as under:

(3.) THE learned DR for the department adopting the reasoning of the Collector pleaded that the lower appellate authority was in error in holding that there is no relationship between the declaration and the Notification for the purpose of availing the benefit of money credit scheme.