9911796707
TMI Blog1983 (6) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... ises and Salt Act, 1944 praying that in the circumstances stated therein, the Tribunal will be pleased to set aside the order of the Collector of Central Excise (Appeals), Madras and allow the appellants to retain the balance in RG 23 Part-II account to be adjusted against excise duty pending decision of the Supreme Court or on finalisation of assessable value in respect of price lists filed durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce is no longer there and so there is no provision to retain such balances or to refund it . When the matter was raised with the Collector of Central Excise (Appeals), Madras, he regretted his inability to interfere with the Assistant Collector s order noting that in the absence of a specific provision under the Rule in this behalf, their (appellants ) other request that they may be allowed to ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court; if that Court decides in favour of the appellants, there could be no credit in RG 23 account in respect of the additional duty of customs (countervailing duty) paid on the import of rock phosphate which is used eventually in the manufacture of NPK 14-35-14; if the decision is for the Department the appellants will be entitled to take credit for the additional duty of customs. In this cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collecting any amount from an assessee does not arise. Hence, whether an amount remains in credit in a paper account or not ceases to be relevant. It is perhaps in this context that the Department has been loosely stating that when finished goods cease to be dutiable, the credit in RG 23 account lapses. In a situation like the present one where the appellants may have to face the prospect of payme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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