2003 (1) TMI 506 - AT - Central Excise

Summary

The Revenue appealed the rejection of Modvat credit by the Asstt. Commr., which was upheld by the Commissioner (Appeals). The Tribunal allowed the appeal, granting the benefit of Modvat credit to the respondents. The appellant reversed the credit but later applied for a refund. The Asstt. Commr. rejected the refund claim as time-barred, but the Commissioner (Appeals) set aside this decision, stating the assessments were provisional. The Tribunal ruled in favor of the respondents, entitling them to a refund without a fresh claim, as the payment was in the nature of a deposit. The Revenue's appeal was rejected as the payment was made as a condition of the appeal hearing.