9911796707
TMI Blog2002 (5) TMI 733X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of both sides and waiver of pre-deposit. 2. Appellants are manufacturer of Medicaments and Skin care etc. A proceeding was launched pursuant to the detection of certain shortages noticed in the unit of the input received in the appellants factory. The reversals of credit availed were ordered and debit obtained without following the route of Rule 57-I. The appellants offered an explanation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Modvat credit of Rs. 73,665/- vide PLA debit Entry on 25-5-98 (sic) (should be 13-3-97) being pointed out the stock discrepancies of Modvat inputs. Observed credit of the same amount was taken in the PCA on 25-5-1998 without the cover of duty paid documents stipulated under rule 57G or without any authority. This was considered by him to be a refund claim, therefore relying on the case of Mafat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms and conditions of the Scheme and while making unilateral credit in the course of maintenance of the accounts in the prescribed form and manner, a gross illegality has been committed in crediting something to which a manufacturer was not legitimately entitled to, not only the proper officer has the right, power and authority to direct reversal of credit but on such direction, the extent and qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecovery is ordered, as a last resort, as envisaged under Rule 57-I, as observed earlier, it is only recovery of the money value equivalent to the unlawful credit availed of and adjusted under the Scheme and not the demand or recovery of any duty as such. Therefore, the recovery route of ineligible credits, under Rule 57-I could not be abandoned in any case. A proper notice under Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X
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