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TMI Blog2002 (9) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, Member (T)]. - On hearing both sides on the application for waiver of pre-deposit of Rs. 9,63,607/- it appeared that the issue being settled, the appeal itself could be taken up for disposal. Both sides agreeing this was done. 2. The appellants manufacture yarn as well as fabrics. They had secured permission for payment of duty on yarn at the time of clearance of their fabrics in terms of Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and validity and hence held the act of the assessee of paying duty on exempted goods as not legal or permissible. He also observed that the assessees had already secured the permission under Rule 49A and this action was even more glaring. On his disallowing the Modvat credit and imposing a penalty the assessees filed an appeal. The Commissioner (Appeals) found that there was nothing wrong in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ient manufacturer. In the face of the judgment which has been followed later in a number of judgments we see no validity in the Board's circular. As we have observed above the discussions regarding the provisions of Section 11AB do not arise either out of the show cause notice or out of the order-in-original.
4. The issue so being settled the appeal is allowed. X X X X Extracts X X X X X X X X Extracts X X X X
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