TaxTMI 
TaxTMI 
1993 (9) TMI 207
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...., for the Respondents. [Order per: S. Kalyanam, Member (J)]. - COD For the reason stated in the petition, we condone the delay in filing a separate connected appeal. Appeals 2. The above appeals arise out of a common impugned order of the Collector of Central Excise (Appeals), Madras dated 9-2-1990. 2. Shri Venkataraman, the learned Counsel for the appellant submitted that the issue that aris....
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....redit in respect of the excess amount which the appellant had paid. 3. Shri Gregory, the learned SDR contended that in terms of Rule 57E the Department has got power to vary and modify the input credit taken by a manufacturer and in the present case the various purchasers whose names the appellant has given had taken Modvat credit in respect of the excess amount in regard to which the appellant g....
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....ould be seen that the refund made to the appellant is sought to be recovered only on the ground that "it is for the appellant to indemnify the Government for the possible loss of revenue as a result of their getting the refund of excess duty paid and the consignee/C.E. assessee taking higher credits". The fact that the appellant paid the amount in excess is admitted. In such a situation the appell....
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....ce of the goods by the appellant, particularly in regard to taking of credit on the duty suffered by the goods or inputs by the various buyers is something with which the appellant is not in any way concerned. The reasoning of the learned Collector (Appeals) that the appellant should indemnify the Department for any possible loss does not have any foundation or force either in the Act or in the Ru....