Amrit Banaspati Co. Ltd vs Union Of India And Ors on 10 February, 1995
7. I have considered the submissions made by both the sides. I find that the issue involved in this case is already covered by the judgment of the Hon'ble High Court of Punjab & Haryana in the matter of Amrit Banaspati Co, Ltd. v. UOI, 1990 (50) ELT 64 (P&H) wherein in similar circumstances, it has been held that "it would be unconscionable and unjust not to allow the petitioners to utilize the credit already earned towards the payment of the excise duty in terms of the Scheme as prevalent when the credit was earned....." The lower appellate authority while holding in favour of the assessee-respondents has relied upon the above-noted decision.