9911796707
TMI Blog2007 (10) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... led against the Order No. 201/2004, dated 30-11-2004 passed by the Commissioner of Customs & Central Excise (Appeals-II) Hyderabad. 2. The appellants are the manufacturers of man made fabrics which are excisable. They are entitled for deemed credit for their inputs in terms of Notification No. 2 (N.T.), dated 11-6-2001. During the relevant period, they were entitled for a credit of 50% in terms o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty was available to them in their CENVAT account. He held that there cannot be any possibility of their debiting the duty in their Cenvat Account and the short payment of 5% of 16% in their Cenvat account is sufficiently neutralized by the debits made by them @ 55% of 16% on the total assessable value of Rs. 3,47,26,795/- in their PLA Account. The Commissioner (Appeals) upheld the order of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, the appellants paid 55% of the duty from the PLA. Hence, it is very clear that the appellants had paid excess duty and they are entitled for refund of the same. This has not been properly examined by the lower authorities. Hence, we allow the appeal with consequential relief, if any.
(Operative portion of this order was pronounced in open Court on conclusion of hearing) X X X X Extracts X X X X X X X X Extracts X X X X
|
