9911796707
TMI Blog1998 (11) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... the Order-in-Appeal No. 139/88(C), dated 20-6-1988 passed by the Collector of Central Excise (Appeals). Briefly, the facts of the case are that the respondents vide their intimation dated 6-5-1986 had opted out from the Modvat credit scheme and reverted to SSI exemption under Notification No. 175/86. Vide Final Order No. 260/87, dated 27-4-1987, this Tribunal had held that the respondents were en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their appeal before the Collector (Appeals), which resulted in the impugned Order-in-Appeal. 3. Heard Shri R. Victor Thyagaraj, learned SDR, who submits that while the revenue does not dispute the decision that the respondent would opt out of the Modvat credit scheme in the middle of the financial year, however, their right to opt out was a prospective right and no benefits out of this opting ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e SSI exemption status as under Notification No. 175/86 would commence from 6-5-1986. Therefore, it is clear that the duty paid prior to 6-5-1986 was legally collected by the department and was not available for refund to them. In view of this, I find great merit in the revenue s appeal and set aside the impugned order-in-appeal. The revenue appeal succeeds accordingly. - - TaxTMI - TMITax - C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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