1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPLICATION NO. 35 OF 2002 The Commissioner of Central Excise, Mumbai-VI .. Applicant V/s Sang Fastner Pvt. Ltd. .. Respondent Mr. R. Ashokan with Mr. Rajinder Kumar for the applicant. None for the respondent. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 24TH SEPTEMBER 2009 P.C. : 1. A learned Bench of this Court has framed the following substantial question of law: “Whether an assessee opting out of Modvat scheme for availing the benefit of SSI Notification No.175/86 CE is required to reverse the credit on inputs lying in stock as well as inputs contained in the final products in stock on the date of opting out of the Modvat scheme?” 2. Considering the judgment of the Supreme Court in Commissioner of Central Excise v. Ramesh Food Products, 2004 (174) ELT 310 (SC), the 2 learned Tribunal is directed to make a reference to this Court within 8 weeks from the receipt of a copy of this order. 3. The application is disposed off accordingly. (D.G. KARNIK, J.) (F.I. REBELLO, J.)