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TMI Blog2007 (8) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... R and perused the records. After hearing the learned DR on the stay petition for a while and it was felt that the appeal itself could be finally disposed of and accordingly, we proceed to decide the appeal. 2. This is an appeal against the order of the Commissioner (Appeals) No. YPP/917 to 919/SRT/2002/4621 dated 30-9-02. 3. The relevant facts, ii brief, are as follows : (a) The appellant is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 28,909/-. (e) Commissioner (Appeals), on appeal by the Department, set aside the order of the original authority holding that the party could not produce any evidence to show that they were not able to utilize the deemed credit lying in the balance as on 15-12-98. He held that party could have utilized the modvat credit accumulated in the deemed credit register for the clearance of home consu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... beyond which the credit taken could not be utilized. 4.2 Once the credit is utilized then it amounts to payment of duty and the refund, if any, due shall be subject to the time limit prescribed for claim for refund. 4.3 The Notification provides that the credit accumulated due to export is liable to be refunded. The credit lying in RG-23 account accumulated arising out of exports is akin to cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision taken by the Commissioner (Appeals) that the refunds were not admissible on the ground that the party was in a position to utilize is not legally sustainable. Therefore, the order of the Commissioner (Appeals) is set aside and the orders of the original authority sanctioning refund are restored. 5. Appeals are allowed with consequential relief. SP disposed off. (Pronounced in the open Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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