ORDER
Smt. Archana Wadhwa
1. On matter being called, Shri P.N. Biswas, staff of the appellant company appeared and made a request for adjournment. However, from records I find that on the last number of occasions similar requests were being made by the appellant. The appeal is quite old and the issue involved is now decided against the appellant by the larger Bench decision of the Tribunal in the case of Khanbhai Ysoofbhai v. CCE, Calcutta. As such after rejecting the request for adjournment I take up the appeal itself.
2. The short point involved in the present appeal is as to whether the modvat credit is available in respect of inputs lying in stock as on 1.4.91, when the appellant opted out of the modvat scheme and the final product was cleared at nil rate of duty. Though the impugned order passed by the Commissioner (Appeals) has dismissed the appeal on the ground of non-compliance with the provisions of section 135F of Central Excise Act, read with the stay order passed by him I find that no useful purpose is going to be served by remanding the matter inasmuch as the issue has since been decided against the appellants by the larger Bench decision of the Tribunal in the above referred case as reported in 1999(107) ELT 557(T). As such by following the ratio of the earlier decision I confirm the orders passed by the authorities below the reject the appeal filed by the appellant.
Dictated in the court.