9911796707
TMI Blog2004 (5) TMI 489X X X X Extracts X X X X X X X X Extracts X X X X ..... The Revenue appeal is directed against the impugned order-in-appeal passed by the Commissioner (Appeals). The respondents M/s. Bajaj Auto Ltd., had removed certain capital goods during the period October 99 to December 99, on reversal of capital goods Modvat credit equivalent to the credit amount taken at the point of receipt of these capital goods in their factory. 2. The dispute is, as to whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order and accordingly, the order of the adjudicating authority was set aside. The Revenue are challenging the said order passed by Commissioner (Appeals) through the instant appeal. 3. Heard both sides. 4. The Revenue has essentially relied upon the judgments of the Tribunal reported in 2000 (118) E.L.T. 39 (T) = 2000 (38) RLT 666 (CEGAT-LB). The above judgment of the Tribunal in the case of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra) were to be applied in that event also the ratio of that judgment requiring payment of amounts at the rate applicable on the date of removal, will have no application in the instant case because, the mandate in the case of Polar Industries (supra) applied only to a situation prior to 29-6-95, whereas, the present dispute relates to post 29-6-95. Therefore, the Polar Industries Ltd., case wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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