9911796707
TMI Blog2006 (6) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... These appeals are by the Revenue, aggrieved by an order passed by learned Commissioner (Appeals) allowing the benefit of deemed Modvat credit to the respondents under Notification No. 29/96-CE (NT), dated 3-9-96 in respect of the differential duty paid by them on processed cotton fabrics (denim fabrics) at the time of clearance of the goods from their depots. The respondents, during the period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed credits taken on the additional amounts of duty paid by the assessee at the time of clearance of the goods from their depot. It also imposed penalties on them. In the appeals preferred by the assessee against the orders of the original authority, learned Commissioner (Appeals) took the view that deemed credit of duty was admissible to them on the total Excise duty paid by them. Accordingly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts raw materials were declared to be inputs, for the purpose of the above Notification. It was further declared by Govt. in the above Notification that the duty of excise under the Central Excise Act, the Additional Duty under Section 3 of the Customs Tariff Act and the Additional Duty of Excise under Section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 shall be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Deemed Modvat credit on inputs was admissible to them to the extent of 50%/60% of this duty as rightly held by learned Commissioner (Appeals). The fact that a part of this duty was paid at the time of clearance from the factory and the balance paid at a later stage at depot was immaterial. What matters is that the appropriate duty of excise was paid by the assessee on a given quantity of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X
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