2003 (7) TMI 561

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..... pondent. [Order (Oral)]. - By this appeal, the Revenue challenges the order-in-Appeal No. 127/92 dated 25-5-92, by which the Commissioner (Appeals) has set aside the order of the original authority and allowed the appeal of the party holding that there was no provision to expunge the credit rightly taken during the period when the HDPE bags were eligible inputs. 2. After hearing both the .....

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..... credit amounting to Rs. 2,07,932.49 which pertained to the HDPE bags lying in stock as on 17-9-90. It was in these circumstances that show cause notice was issued which culminated in the order of the original authority holding that credit of the above noted amount is required to be expunged. On appeal, the Commissioner (Appeals) allowed the appeal of the assessee-respondents. 4. Aggrieved by .....

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..... bmitted that the order passed by the lower appellate authority is legal and proper. He submitted that here is a case where the assessee-respondents have rightfully earned the credit and they have voluntarily expunged the credit on the input viz. HDPE sacks from the date of Notification and it was in respect of the input lying in stock and on which they have earned the credit they wanted the benefi .....

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..... te authority while holding in favour of the assessee-respondents has relied upon the above noted decision. Further, this Tribunal in the case of CCE v. Sunder Engineering Industries reported in 1991 (56) E.L.T. 452 has held that credit already availed of in respect of utilized inputs is not to be reversed by reason of modification of order. The Larger Bench of the Tribunal in the case of CCE, Rajk .....

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..... lying in their stock as on 17-9-90 when the Notification was issued, was accrued to the assessee-respondents rightfully. In view of the above, following the ratio of the above noted decisions, I hold that the order of the lower appellate authority is legal and proper and I uphold the same. The Revenue appeal is accordingly rejected being devoid of merits. Ordered accordingly.
Case laws, Decis .....

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