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TMI Blog2011 (6) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... 6/2002-CE (NT). - E/1498 of 2010 - - - Dated:- 14-6-2011 - Mrs. Archana Wadhwa, Dr. P. Babu, JJ. For Appellant : Shri Willington Christian, Advocate For Respondent : Shri R.S. Srova, JDR Per : Dr. P. Babu; After allowing the early hearing application we take up the stay petition and allow the same, since the applicant/appellants has already deposited the entire amount of duty of Rs. 14,17,498/- confirmed against them. Inasmuch as the issue involved in the present appeal is covered by the precedent decisions of the Tribunal, we take up the appeal itself for decision. 2. M/s. Panchwati Textile Industries Pvt. Limited (Panchwati for short) have filed the appeal against the order of Commissioner (Appeal) Surat. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conducted by them. 4. Defending their case, the appellants admitted that they have physically received the grey fabrics from M/s. Jhanwar International and grey fabrics prcessed by them were cleared on payment of duty. They sated that M/s. Jhanwar International had made payment of job charges by account payee cheques to them which was subsequently encashed. There was no evidence to show that the appellants have returned cash to M/s. Jhanwar International. The appellants further argued that merely because M/s. Jhanwar International committed fraud by showing the fake export, it cannot be alleged that the appellants had not received the grey fabrics or not despatched the processed fabarics. 5. Shri Willington Christian, learned advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that excise duty has been paid on the processed fabrics and therefore, the rebate claim documents filed have been found to be forged, will have no impact on the appellants, in this case. It is obvious that the credit taken by the appellants is allowable and as per requirement of law. It is also not a pre-requisite that there should be co-relation between inputs. We therefore, find that the appellants are eligible for the benefit of deemed credit under notification No. 6/2002-CE (NT). 8. On the basis of forgoing discussions, we set-aside the impugned order and allow the appeal. Early hearing application, stay petition as also appeal get disposed of in above manner. (Pronounced in the Court) - - TaxTMI - TMITax - Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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