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TMI Blog2008 (12) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... asundaram, Vice-President]. The respondents who are manufacturers of dumpers and parts thereof and loaders, excavators, crawlers etc. availed Modvat credit on inputs. Show-cause notice dated 4-7-1994 raising duty demand of Rs. 1,74,74,880/- in respect of Modvat inputs cleared as such at higher price but expunging credit only to the extent of Rs. 1,01,58,298/- and processed inputs received fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of Rs. 10,39,008/- on 4-3-1997 on the ground that they had paid Rs. 20,39,008/- and since only Rs. 10,00,000/- was directed to be adjusted out of this amount, the balance amount of Rs. 10,39,008/- was liable to be refunded to them. On verification it was found that the assessee had paid the amount in July 1994 without protest but filed a refund claim only in March 1997 and hence a show-cause no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount paid cannot be treated as predeposit as it was paid as duty during 1994 i.e. even during the investigation stage and prior to the issue of the show-cause notice, and therefore the claim was barred by limitation. 2. We have heard both sides. We find that the amount deposited as duty prior to the issue of the show-cause notice is also a predeposit and it is only after the final order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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