2006 (11) TMI 102

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..... ion has been proposed for the admission of this appeal :- "Whether or not refund of Modvat Credit can be disallowed to the manufacturer if the credit is unutilised, though the assessee was in position to utilise the same, as the duty is paid from the Personal Ledger Account (PLA) instead of utilising Modvat Credit, as per condition 6 of the Notification No. 35/87-C" 2. Tribunal has considere .....

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..... rcumstances of the case, it is obvious that composite levy scheme was introduced even before the expiry of the quarter, as such the party was obstructed from utilising the deemed credit and on the other hand, the Department was pressurising the manufacturers to pay the duty from PLA. Though such demand as canvassed by the authorities concerned even prior to the introduction of the compounded levy .....

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