9911796707
TMI Blog2007 (8) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... credit of duty paid on the inputs used in the manufacture of said goods. During the period from September, 1998 to March, 1999, the appellant exported various consignments and wires and bright bars under claim of rebate. The rebate sanctioning authority entertained a view that the excise duty paid by the appellant on the exported goods was on the higher side inasmuch as the assessable value was made inclusive of elements of freight and insurance. Accordingly the assessable value was re-worked and duty required to be paid recalculated and accordingly rebate claim was reduced by an amount of Rs. 12,52,059/-. After receiving communications from the rebate sanctioning authority to the above effect, appellant took credit and entered the said amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. Advocate submits that the appellate authority has relied upon the decision of the Single Member Bench of the Tribunal in the case of M/s. Medicamen Biotech Ltd., whereas the Division Bench of the Tribunal in the case of M/s. Visakapatnam Steel Plant [2002 (149) E.L.T. 708], as also in the case of M/s. Gujarat Alkalies Chemicals Ltd. [2005 (190) E.L.T. 406] and M/s. USV Ltd. [2007 (210) E.L.T. 376 (Tri.-Mumbai)] has held that for re-crediting the already debited entries in Modvat account does not require specific permission of the excise authorities. 4.Ld. DR appearing for the Revenue reiterates the findings of the authorities below. 5.We have considered the submissions made by both sides. Admittedly, the appellant had paid higher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... debiting the Modvat credit is required to be neutralized by re-crediting the same in the Modvat account. This is what the appellant have done. Usually, an assessee is not expected to take the decision himself, but in the peculiar facts and circumstances of the present case, based upon the above endorsement as also the fact that the entire consignment was exported under claim of rebate, we extend the benefit to the appellant, especially in view of the fact that the above views expressed by us were not made the basis of the impugned order which denied the credit on altogether different procedural and technical aspects. 7.In view of the foregoing, we set aside the impugned order and allow the appeal with consequential relief. (Pronounced i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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