V.P. Gulati, Member (T)

1. This is an appeal against the order of Appellate Collector of Central Excise, Calcutta. The brief facts of the case are that on a check of the appellants RG-1 and RG-23 account registers, they were found to be having an excess balance in their RG-23, Part II account. This amount was treated as excess credit after taking into consideration the closing balance of the stock of raw materials and the closing balance of the steel ingots manufactured from the same on the date of the check. The appellants were restrained from utilising this excess amount as this could not be related to the stock position of the input and the output manufactured out of the inputs. The Appellate Collector has observed that since the duty chargeable on the input and the output was the same, the excess credit should not have been there. He has held that as a part of the claim of credit of 56A procedure, the intention was to give the relief in regard to double taxation to the assessees and it was not intended to give any undue benefit or financial gain.

2. The learned Advocate for the appellants pleaded that the appellants had followed the Rule 56A procedure strictly and the outsta