2002 (3) TMI 867

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....Shri S.V. Arya, Advocate, for the Respondent.  [Order per : P.S. Bajaj, Member (J)]. - This appeal has been filed by the Revenue against the impugned order-in-appeal dated 27-8-2001 vide which the Commissioner (Appeals) had allowed the restoration of Modvat credit of Rs. 1,65,33,489/- to the respondents after reversing the order-in-original of the Deputy Commissioner in that regard. ....

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....Commissioner disallowed their prayer in respect of the disputed amount, but the Commissioner (Appeals) had reversed his order through the impugned order. 3. We have heard both sides and gone through the facts on record. 4. The bare perusal of the impugned order shows that by applying the ratio of the law laid down by the Apex Court and the Tribunal in (i) CCE v. Aggarwal Rubber Pro....

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....(Appeals) has not gone into this aspect of the matter. If the respondents had availed the benefit of the said notification for free import of the inputs utilised in the manufacture of the final product, they could not claim any Modvat credit in respect thereof. 5. The learned Counsel has no doubt contended that the VABAL, were not utilised by the respondents, although, they made reversal o....

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....riginal had merged, cannot be legally sustained and deserves to be set aside on this short ground. Even, both the sides have conceded that the matter should be sent back to the adjudicating authority for giving fresh thought to this aspect before deciding the claim of the respondents. 6. In view of the discussion made above, the impugned order of the Commissioner (Appeals) is set aside and....