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TMI Blog1999 (7) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. Shri R.K. Roy, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Duty of Rs. 22,29,498/- and penalty of Rs. 2 lakhs is sought to be stayed by the applicant-appellant and its pre-deposit dispensed with. Ld. Advocate Shri S.K. Roychowdhury, appearing on behalf of the appellants submits that they are inter alia engaged in the activity of bleaching and dyeing of grey fabric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partment for making the on-the-spot verification and examination of the correct factual position, which the Department failed to do so and instead proceeded on factually incorrect charges. Ld. Advocate further submits that presuming that bleaching is undertaken by them before dyeing, as per Chapter Note 2 of Chapter 52 and all these processes taken collectively would amount to manufacture as the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extended to the textile products by issuance of another Notification No. 24/94-C.E. (N.T.), dated 20-5-1994. He submits that even if the duty is payable by them on the bleached fabric they would be entitled to the Modvat credit of the same to be utilised by them for payment of duty on the dyed fabric. As such submits the ld. Advocate, the entire exercise is Revenue neutral. He submits that the adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We are prima facie of the view that the appellants would be entitled to the Modvat credit of duty paid on the bleached fabric, if any, in terms of Notification No. 24/94-C.E. As such, as rightly argued by the ld. Advocate, the entire exercise is only a paper exercise and Revenue neutral. As such, being in prima facie agreement with the view expressed by the applicant in respect of Notification No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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