9911796707
TMI Blog2017 (11) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... of the above position, the matter needs to be reconsidered - appeal allowed by way of remand. - E/1316/07 - A/90338/17/EB - Dated:- 31-10-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri Gajendra Jain, Advocate, for Appellant Shri Hitesh Shah, Commr. (A.R) for respondent ORDER Per : Ramesh Nair The fact of the case is that the appellant adopted practice that they used to reverse the Cenvat Credit on the stock of motor spirit lying in stock as on 31st December of every year. They reverse the cenvat crediton the stock of 31.12.1998 and taken suo moto re-credit of the same on 1.1.1999. The department has made out a case that the suo moto credit is not permitted therefore the availme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the adjudicating authority the Jurisdictional Supdt. also submitted a report vide letter dt. 27.9.2006 that motor spirit de-bonded on 31.12.1998 and re-bonded subsequently on 1.1.1999 was cleared on payment of duty during the period 1.1.1999 to 6.1.1999. The copy of the said report was also submitted to the Commissioner (Appeals), who in the proceedings of personal hearing recorded the same but no finding was given on the said vital evidence. Therefore the impugned order suffers from principles of natural justice. 3. Shri Hitesh Shah, Ld. Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. We have carefully considered the submissions made by both the sides and perused the record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verification of this claim of the appellants to the adjudicating authority. If the above contention of the appellants is found to be correct, then the present demand cannot be sustained. The Assistant Commissioner/Deputy Commissioner shall pass fresh orders after extending a reasonable opportunity of hearing to the appellants. From the above order of the Tribunal it is observed that even though the appellant debonded the stock of motor spirit as of 31.2.1998 and reversed the credit and subsequently rebonded and taken suo moto credit on 1.1.1999, the same cannot be held to be wrong subject to the payment of duty equal on the clearance of such stock. The only aspect to be verified by the adjudicating authority that the stock on which re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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