2005 (4) TMI 444

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..... ent. [Order per : P.S. Bajaj, Member (J)]. In these two appeals captioned above, which have been directed against the two different orders-in-appeal, the facts involved are common and as such are being disposed of by this composite order. 2.The issue involved in these appeals relates to the rate at which the appellants are entitled to the deemed credit on the goods cleared on job work b .....

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..... redit at the rate of 50% in case of job work and on actually basis in case of goods manufactured and cleared by them from their factory after 2-6-98 due to change in the definition of the composite mills as given in Explanation-1 appended to that notification. Regarding stock lying as on 2-6-98, the Revenue has also sought restriction at the rate of credit to the appellants up to 50%. 6.So far a .....

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..... e credit on actual basis. 8.The amount of the credit shall be accordingly quantified by the competent authority and in the event of any excess Modvat credit availed by the appellants, the Revenue will be entitled to recover the same and not otherwise. The impugned orders, accordingly stand modified. 9.The appeal of the appellants accordingly disposed of in the above terms with consequential re .....

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