Per K. Sankararaman:

These three appeals involving a common issue namely whether the benefit of exemption Notification 225/86 dated 3.4.86 could be availed of only at the time of clearance of the goods on payment of duty or the said benefit in terms of the amount of duty paid on the inputs used in their manufacture could be kept in an account for being utilised for payment of duty on final products manufactured subsequently using further lots of the same inputs. When the appeals were heard initially the Bench that heard the matter took note of the submissions of both the sides, particularly the reliance placed by the learned counsel for the appellants on the Tribunal decision in Indian Petro Chemicals Limited Vs. Collector of Central Excise reported in 1992 (61) ELT 138. That stand was opposed by the learned Senior Departmental Representative who contended that the Notification in question is different in its scope and terms from exemption Notification 201/79 which was the subject matter of the decision in Good Year India Limited by Delhi High Court which, it was contended, was wrongly followed by the Tribunal in the aforesaid decision. It was, therefore, pleaded by the learned