2003 (11) TMI 481

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..... der per : Archana Wadhwa, Member (J)]. After rejecting the stay petition filed by the Revenue, we take up the appeal itself for disposal with the consent of both the sides. Vide the impugned order, the Commissioner of Central Excise (Appeals) has held that the formula laid down for reversal of Modvat credit in the Amnesty Scheme, where the assessee was exporting the goods under Value Based A .....

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..... manufacture of exported goods. After allowing the appeal of the respondents on this legal issue, he has directed the Assistant Commissioner to verify as to whether the credit reversed by the respondents is on the actual basis or not. 2. The Revenue has filed an appeal against the above order on the sole ground that the Commissioner (Appeals) was not empowered to remand the matter to the Assista .....

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..... the Revenue s Appeal cannot be said to be pertaining to the said portion of the Commissioner s (Appeals) order, which has to be upheld. 4. Now the question remains that the Commissioner (Appeals) has directed the Assistant Commissioner to verify the amount of credit reversed by them. The Revenue is aggrieved against the said portion of the impugned order of Commissioner (Appeals). If the said po .....

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