2002 (1) TMI 127

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..... me up for hearing it was agreed by both sides that the appeal itself can be disposed of. 2. The appellant is a manufacturer of razor and razor blades falling under Heading 82.12 of the Tariff and the excise duty is paid on the same. The appellant manufactures wax paper also which falls under sub-heading 4811.40. Wax paper is captively consumed for the manufacture of blades. Though the wax .....

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..... same. Thereafter, a show cause notice dated 27-10-98 was issued to the appellant proposing to refix the price of wax paper of all the periods in question and demanded differential duty by invoking extended period of limitation under proviso to Section 11A of the Central Excise Act. In spite of the objection raised by the appellant the demand of duty amounting to Rs. 25,92,581/- was confirmed in te .....

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..... E.L.T. 718 (T-LB) = 2000 (39) RLT 501 (CEGAT-LB) and contended that in the facts of this case the extended period of limitation cannot be applied at all. We find merit in this contention. It has been held in the above decision that when the assessee is claiming the benefit of a Modvat credit it has to be shown that the Revenue neutral situation comes about in relation to the credit available to t .....

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