2001 (2) TMI 724

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ember (T)]. The issue for consideration in all these three appeals is whether the proportionate amount of Modvat credit is reversible or demandable in view of the provisions of Rule 57C of the Central Excise Rules, 1944 in respect of the inputs used in the manufacture of the finished jute product when cleared under Chapter X procedure to an assessee, who in turn, used the same for manufactur .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... record including the Memorandum of Cross-Objection filed by the respondent. We have also carefully perused the order impugned. In the present case we find that the subject final products were cleared from the respondent s factory without payment of duty under Chapter X procedure. In our view the in-bond clearances under Chapter X procedure cannot be construed as clearances of exempted goods or nil .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e in the goods exported under Bond without payment of duty under Rule 13 of C.E.R., 1944 . Therefore, reliance on the decision in Kirloskar Oil Engines Ltd. is misplaced and as such we do not find force in the arguments advanced by the Revenue. Hence, these appeals filed by the Revenue deserve to be rejected and the impugned order merits to be upheld. ordered accordingly. 4. As the issue in the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X