9911796707
TMI Blog1997 (9) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... The prayer in the application is for dispensation of pre-deposit of the following amounts demanded from the appellants in terms of the various show cause notices which were issued and which culminated in passing the impugned order:-- ₹ 1,92,352/- ₹ 1,22,388.80 ₹ 1,89,822/- The total amount aggregates to ₹ 4,44,562.80. The short point involved is whether in case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered as sale because it is mere transfer of products to these branches on book adjustments. We are unable to accept this finding. The learned Collector (Appeals) in this connection ignored the definition of sale as contained in Section 2(h) of the Central Excises and Salt Act, 1944, which clearly includes transfer of the possession of goods of the kind as represented by the transactions in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned JDR for the department. He has pleaded that the facts regarding the book adjustments are not on record and in case the appellants satisfy the criteria as has been laid down by the Tribunal he has no objection to the matter being re-examined in the light of the decision of the tribunal. 3. The learned advocate has pleaded that the appellants in fact have done the book adjustment and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in respect of which the Modvat credit could be taken. These are the parameters which should be kept in mind while considering the plea of the appellant. The Tribunal, we observe, has rightly held that in a contingency like this, taking into consideration the definition of sale as provided for under section 2(h) of Central Excise (Act) the book adjustment made would be adequate to give the transa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... situation therefore, the matter will have to be examined as to whether in terms of section 2(h) the sale by reason of book transfer has been effected or not. This fact would be required to be gone into and in case this is so, the appellant in terms of the order of the Tribunal will be entitled (to) the benefit of Modvat credit. We, therefore, set aside the order of the learned lower authority and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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