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TMI Blog2009 (2) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... .B. Negi, DR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - The appellant had exported a bulk drug viz. Pseudo Ephedrine Hydrochloride, classified under Ch. 29 of the Central Excise Tariff Schedule. The exports were made during the period 1995-1998. Certain quantity of the bulk drug (3780 kgs) had to be re-imported, as the same was not accepted by the buyer. The re-imported mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, which ultimately came to be adjudicated upon against the party. In the result, an amount of Rs. 24,75,996/-, found to have been wrongly availed as Modvat credit, came to be demanded from the appellant under Sec. 11A of the Central Excise Act read with Rule 57AH of the Central Excise Rules, 1944. A penalty of Rs. One lakh was also imposed on them. Hence, the present appeal. 2. The ld. coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is being carried out to distill water and cooling was done to crystallize the mass. The mass is centrifuged in centrifuge and the intermediate product obtained is wet Pseudo Ephedrine Hydrochloride. It is further dryed, sieving and blending is done. After inspection, the product is packed in fibre drum". 3. On the above basis, it has been argued that the re-imported material was used in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material, is liable to be accepted. They were accordingly, eligible for the Modvat credit of CVD to be utilized for payment of duty of excise on the final product cleared for re-export under claim of rebate. At this stage, both sides have taken our attention to the finding of the Commissioner that as the party had not followed the procedure under Rule 97B and Rule 173MM, it was not open to them t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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