2004 (2) TMI 428

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.... [Order]. -  Heard both sides. 2. The issue being of a recurrent nature appeal is admitted in exercise of discretion under the second proviso to Section 35B(1) of the Act. The stay application is allowed and since the appeal involves a short question the same is taken up for final disposal. 3. The facts in brief are that, in terms of the prevailing rules, the appellants took 50% ....

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....29-11-2001 consequent to the audit objection. Therefore, the appellants were sanctioned the refund of 50% amount. On department's appeal, however, the Commissioner (Appeals) set aside the adjudication order holding that there is nothing wrong in such reversal. The appellants are contesting the findings arrived at by the Commissioner (Appeals). 5. On going through the provisions of rules oper....

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.... balance 50% credit was taken, the taking of credit of that amount was clearly unauthorised. In that situation, the appellants were required to pay the balance amount of 50% which they did by debiting the amount in RG23 Part II on 29-11-2001. Thus the transaction relating to removal of capital goods from parent factory to the new factory got completed. (There is no objection that in the new factor....