2000 (11) TMI 457

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....the Respondents. [Order]. - The brief facts of this case are that the appellants availed Modvat credit totally amounting to Rs. 3,08,300.30 during the period from 5-9-94 to 22-10-94 on the strength of the invoices issued by the dealer - M/s. R.N. Enterprises, Bombay. The Central Excise authorities at Ludhiana on verification from Central Excise authorities in Bombay found certain irregularities....

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....ocate for the appellants and Shri Y.R. Kilania, JDR, for the Respondent. The facts of this case are not in dispute. It is submitted by the appellants that they were called upon to debit the amount of Modvat credit taken on the strength of the invoices issued by M/s. R.N. Enterprises, Bombay - a registered dealer, on the grounds of certain discrepancies and consequently, they reversed the same. It ....

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.... reversing the credit is a complete transaction in itself and this cannot be reversed by claiming the refund of the amount already debited. If the appellants felt aggrieved with the direction of the authorities for reversing the Modvat credit, they should have agitated this matter further with the appellant authority and if successful then only they could have claimed the refund of the stated amou....