1997 (10) TMI 127

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....Shri P.K. Jain, SDR, for the Respondent. [Order per : A.C.C. Unni, Member (J)]. - This appeal is directed against the order of Collector (Appeals), New Delhi dated 20-7-1994 directing recovery of Rs. 1,76,375.70 availed of as Modvat credit by the appellants. 2. Appellants were engaged in the manufacture of "Maaza", a fruit pulp based drink falling under Chapter sub-heading 2202.90 an....

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.... to deposit/debit the balance amount of Rs. 1,76,375.70. 2. They were issued a show cause notice on 13-1-1992 to show cause why the said amount of Rs. 1,76,375.70 should not be recovered from them. 3. In reply appellants contended that there was no requirement under the Modvat scheme that before utilisation of the credit taken the inputs should have been used. Rule 57F(3) provides ....

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....k as on 11-9-1991 was not admissible. Deputy Collector also rejected the appellants' contentions based on case law. 5. Collector (Appeals) confirmed the Order-in-Original passed by the Deputy Collector. 6. Arguing the case of the appellants before us Shri D.N. Mehta, learned Advocate submitted that the lower authorities had failed to consider the case law as well as Ministry's lett....

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....n the lower authorities' orders and submitted that availing of credit taken on inputs for manufacture of finished products lying in stock after the finished products became exempt was clearly recoverable from Rule 57-I. 8. We have given due consideration to the submissions of both sides. We find that the Tribunal has in very similar facts, viz. where Modvat credit was availed after the rec....