9911796707
TMI Blog2004 (2) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order]. Heard both sides. 2. The issue being of a recurrent nature appeal is admitted in exercise of discretion under the second proviso to Section 35B(1) of the Act. The stay application is allowed and since the appeal involves a short question the same is taken up for final disposal. 3. The facts in brief are that, in terms of the prevailing rules, the appellants took 50% of cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equent to the audit objection. Therefore, the appellants were sanctioned the refund of 50% amount. On department s appeal, however, the Commissioner (Appeals) set aside the adjudication order holding that there is nothing wrong in such reversal. The appellants are contesting the findings arrived at by the Commissioner (Appeals). 5. On going through the provisions of rules operating at the releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken, the taking of credit of that amount was clearly unauthorised. In that situation, the appellants were required to pay the balance amount of 50% which they did by debiting the amount in RG23 Part II on 29-11-2001. Thus the transaction relating to removal of capital goods from parent factory to the new factory got completed. (There is no objection that in the new factory credit of only 50% of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot do so because of the fact that such credit was already raised by them on 6-12-2000. Since taking of the credit on 6-12-2000 has been objected to the said credit entry stands cancelled on making debit on 29-11-2001. Consequently, the appellants are entitled to take credit of this amount in the RG23 Part II account. Once this happens the credit of 100% amount taken in the next unit gets regularis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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