9911796707
TMI Blog2008 (6) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order]. - The appellant is engaged in the manufacture of bulk drugs falling under Chapter Heading 29 of CETA, 1985. Prior to 1-3-97, the appellants had exported certain goods under bond and the Modvat credit earned by them in respect of the input used in the manufacture of such goods was lying un-utilised in their record as on 1-3-97. With the budgetary changes on 1-3-97 and in terms of Prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ished the above judgment and again rejected the refund claim. 3. On going through the above impugned order, I find that the distinction drawn by the authorities is flimsy in as much as the identical issue was covered by Tribunal's decision in case of Samtel India Ltd. referred supra. 4. For better appreciation, I reproduce Para 4 of the said judgment : "4. We have perused the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t able to find merit in the appeal. The appeal is accordingly rejected." In the present case also, export had taken place before 1-3-97, when the accumulated credit was lapsed on 1-3-97. As such, I find that the ratio of the above decision is fully applicable to the facts of the present case. 5. I further find that the Tribunal in case of Dolphin Drugs (P) Ltd. v. CCE, Hyderabad - 2002 (53) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th, the instructions of the Board, it is not open for the Revenue to challenge it before us. In the circumstances, we are not able to find merit in the appeal. The appeal is accordingly rejected." 6. In as much as the issue stands decided by above referred decision in favour of the appellant, I set aside the impugned order and allow the appeal with consequential relief to the appellant. (Di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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