1997 (9) TMI 289

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..... for the Respondents. [Order per : Gowri Shankar, Member (T)]. - With the consent of both sides appeal taken up for disposal after hearing the respondent. 2. Appellant availed of the Modvat procedure in credit of the duty paid on inputs used in the manufacture in respect of the inputs and final products. It decided with effect from 1st April, 1991 to avail of the total exemption provided .....

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..... tention to evade duty and that without the statement of assessee, the quantity of inputs on which credit had been taken actually was contained in the finished products cleared without payment of duty could not have been determined. Hence this appeal. 3. It is true that the appellant had not reversed the credit taken on the inputs contained in the finished products which it cleared without pa .....

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..... hout the statement of the assessee the department could not quantify the amount of credit is totally without substance. All that was required was a simple calculation to determine the amount of credit taken on inputs. Therefore, there is no basis for invoking the extended period. The demand is, therefore, not sustainable. 4. The Commissioner's order is set aside. Appeal allowed.
Case law .....

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