JUDGMENT

Arijit Pasayat, J.-These appeals are directed against common judgment of the Customs Excise & Gold (Control) Appellate Tribunal, New Delhi (in short the Tribunal ).

2. Background factual matrix involved is undisputed and is essentially as follows:

M/s. H.M.M. Limited (subsequently known as M/s. Smithkline Beecham Consumer Health Care Ltd.), (hereinafter referred to as the assessee ) was availing set off under notification No. 201/79 dated 4.6.1979 in respect of inputs, namely, Malt and Malt extract under T.I. 68, received by it from M/s. Malt & Co. (India) Pvt. Ltd., M/s. Barmalt Ltd. and M/s. A.K. Malt (P) Ltd. during the years 1977 to 1985. The said notification was issued in exercise of powers conferred by sub-rule (1) Rule 8 of the Central Excise Rules, 1944. By the said notification, all excisable goods on which duty of excise is leviable and in the manufacture of which any goods falling under Item No. 68 of the First Schedule to the Central Excises and Salt Act, 1944 (presently Central Excise Act, 1944, in short the Act ) have been used as raw materials or components parts from so much of the duty of excise leviable thereon as is equivalent to the duty of excise