9911796707
TMI Blog2007 (8) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... dit is allowable - E/245/2003 - A/2278/2007-WZB/AHD & S.O.No. S/1131/2007-WZB/AHD - Dated:- 23-8-2007 - [Order per : M. Veeraiyan, Member (T)]. - None appeared for the appellants, heard the learned DR 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und claims on the ground that the appellant was not in a position to utilize the deemed credit lying as balance at the end as on 15-12-98. He sanctioned three claims amounting to Rs. 5,95,084/, Rs. 2,16,359/- and 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they have taken the credit; there was no time limit prescribed for use of the credit so taken; in other words, there is no outer time limit from the date of receipt of raw materials or from the date of taking credit 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 li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... privilege, obligation or liability acquired, accrued or incurred under any rule, notification or order so amended, repealed, superseded or rescinded" unless contrary intention appears. 4.4 In the light of the above, the decision taken by the Commissioner (Appeals) that the refunds were not admissible on the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. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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