1998 (1) TMI 186

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....or the Respondent. [Order per : J.H. Joglekar, Member (T)]. - This appeal from the Revenue was argued by Shri S. Nunthuk, ld. JDR. The respondents were not present in spite due notice having been received by them. 2. The assessees in this case had opted for the benefit of Notification No. 175/86-C.E. choosing the option to pay duty at concessional rates after availing of Modvat credi....

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....emanded the case back to the Asstt. Collector for redetermination of the duty on the observation that part of the refund claim was barred by limitation. The sole point made in the appeal memorandum and urged by Shri S. Nunthuk is that the Collector has drawn too much from the cited order. The claim made is that where the CEGAT has held that the assessee could opt out of one mode into another on an....

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.... the manufacturer to operate under Modvat scheme should be given only at the beginning of the financial year or that once having opted to come under that Scheme he can choose to go out of it only at the end of the financial year. It is also noted that this position has since been recognised by the Department itself as reflected in the clarificatory Trade Notice referred to by the learned Counsel, ....