2002 (1) TMI 711

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....for the Respondent. [Order]. - The brief facts of the case are as under :- The jurisdictional Asstt. Commissioner had, by order dated 31-3-95, disallowed Modvat credit of Rs. 47,723/- to the appellants on various grounds The assessee reversed the Modvat credit in their RG-23A Part-11 on 6-9-95. While doing so, they recorded their protest by remarking "under protest" in the remarks column ....

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.... Rules. This decision of the authorities below is under challenge in the present appeal filed by the assessee. 2. Examined the records and heard both sides. 3. Ld. Consultant, Shri R.G. Bhagwan, submits that the limitation provisions of Section 11B were not applicable to the present case, in which the payment of duty by way of reversal of Modvat credit had been made under protest. ....

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....the Dy. Commissioner and the Commissioner (Appeals). 5. I have examined the submissions. It is true that the reversal of the Modvat credit was made on 6-9-95 "under protest" remarked against the entry of reversal in the RG-23A Part-II. It also appears to be true that the above reversal of the credit "under protest" was noted by the assessee in their RT-12 Returns as well. But any protest r....

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....anting stay, suspension, injunction, or otherwise) pending an appeal/ reference/writ petition, it will certainly be a payment under protest; in such a case, it would not be necessary to lodge the protest as provided by Rule 233B. In the instant case, the Modvat credit was reversed by the assessee on their own, otherwise than in pursuance of any orders of Court granting stay, suspension, injunction....