9911796707
TMI Blog2001 (9) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... rajan, DR, for the Respondent. [Order per : Jeet Ram Kait, Member (T) (Oral)]. This is an appeal against order-in-original No. 93/2000 (Cus.-Airport) dated 16-11-2000. O.S. No. 559/DEEC/MISC/690/95/56 (CA) App. 75/95 (CAU). This appeal has been filed on the ground that they had initially availed the Modvat credit on indigenous inputs which they had reversed. Ld. Advocate Shri B.V. Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) of CE Act, 1962. He has also ordered to pay interest @ 24% per annum from the date of clearance of the goods till the payment of duty. A penalty of Rs. 25 lakhs was also imposed on the appellant company under Section 112 of the Customs Act, 1962. Ld. Counsel has therefore requested that the case should be remanded back to the Commissioner and request the Chief Commissioner, if not already reque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n given to them, they are, therefore, requesting that the whole matter may be remanded back to the original authority for de novo consideration after affording reasonable opportunity to them to rebutt the allegation of the Department. 3. Heard ld. DR, Shri Soundararajan who has no objection, if the whole issue is re-examined in view of the above submission which is based on record. 4. Heard bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Modvat credit in full on the indigenous input and since no Modvat credit was taken as they had not paid any CVD, there is no question of reversing of any CVD on the imported material. In view of the above submission and the factual position, we remand the case back to the original authority by way of de novo consideration after observing the circular of the Board and after obtaining the report ..... X X X X Extracts X X X X X X X X Extracts X X X X
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