1997 (2) TMI 249

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shri V. Sridharan, Advocate, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - The captioned two appeals have been filed by the Revenue against the order of the ld. Collector (Appeals) who had allowed the refund claim amounting to Rs. 3,69,780/- in one case and Rs. 16,43,091.01 in the other case. As the same issue is involved in the two appeals, they are being disposed of by thi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the ld. Advocate appearing for the respondents submits that the respondents used the credit available in RG 23A Part II for the purpose of paying duty on goods cleared for home consumption and thus the total credit available in RG 23A Part II does not correctly represent the total duty involved on the inputs at any point of time available in stock or in the pipeline. He submits that the respondent....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....stant Collector was correct. He therefore, prays that the order of the ld. Collector (Appeals) may be upheld. 4. Shri Jangir Singh, ld. DR appearing for the appellant submits that the refund of credit in cash is to be allowed only under the circumstance wherefor any reason such adjustment is not possible that is where the credit cannot be utilised towards payment of duty on similar product....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....basis of duty paid on inputs used in the manufacture of unit quantity of the final product. We also observe that for purpose of refund of credit taken on inputs the duty payable on final product is not a relevant factor. There may be cases where the duty on the inputs may be higher than the duty payable on the final product. The Govt. of India has specifically provided that in case of export produ....