9911796707
TMI Blog2009 (7) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants filled Modvat credit of Rs. 80,998/- during the period from March 1995 to May 1995. A show cause notice was issued to them on 30-9-95 seeking to disallow the said Modvat credit. The notice was confirmed by the Deputy Commissioner vide his Order in Original dated 29-6-2004 appeal against the above was rejected by Commissioner (Appeals) vide his Order in Appeal dated 14-12-2005. Therea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er hearing both the sides, I find that the appellants are insisting on the refund of the said pre-deposit in cash. As observed by the authorities below the said debit was made from their RG 23A Part-II account. On 31-7-97 the appellants were having a credit balance of amount 3.43 lakhs which was lapsed on account of the appellants opting for compounded levy scheme and such subsequent debit from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame would be admissible in cash to the extent of payment of duty in cash during that period. Applying the ratio of the above declared law to the facts of the instant case, the question required to be examined is as to whether the appellant would have been in a position to utilize the credit of Rs. 80,998/- so debited by them from Modvat account. The answer to the above question is an absolute No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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