JUDGMENT

P. Venkatarama Reddi, J.-In this appeal filed under Section 35 L (b) of the Central excise and Salt Act by the Revenue, the order of CEGAT dated 21.2.1994 in its final order No. 73/94-C is under challenge. By that order, the Tribunal rejected the Department s appeal following inter alia its earlier order in Vikrant Tyres Ltd. v. CCE Bangalore1, the appeal against which filed by the Revenue was dismissed by us on 13.9.2001 on the ground that it became infructous in the light of subsequent event.

2. Let us now take stock of the material facts giving rise to this appeal. The respondent herein is manufacturer of tyres, tubes and flaps. The respondent was availing the proforma credit of duty on inputs viz. Synthetic rubber, carbon black and rubber processing chemicals. The proforma credit on those inputs to the tune of Rs.62,53,023/- for the period 1.3.1984 to 14.3.1986 and Rs. 5,64,236/- for the period November 1984 to February 1986 utilised in respect of tyres, tubes and flaps cleared at nil rate of duty was reversed/debited under protest, presumably at the instance of Excise Authorities. Later, the respondent claimed refund thereof. The case of the respondent was that the N