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2007 (8) TMI 161
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.... appellants, heard the learned DR and perused the records. After hearing the learned DR on the stay petition for a while and it was felt that the appeal itself could be finally disposed of and accordingly, we proceed to decide the appeal. 2. This is an appeal against the order of the Commissioner (Appeals) No. YPP/917 to 919/SRT/2002/4621 dated 30-9-02. 3. The relevant facts, ii brief, are a....
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....unting to Rs. 5,95,084/, Rs. 2,16,359/- and Rs. 28,909/-. (e) Commissioner (Appeals), on appeal by the Department, set aside the order of the original authority holding that the party could not produce any evidence to show that they were not able to utilize the deemed credit lying in the balance as on 15-12-98. He held that party could have utilized the modvat credit accumulated in the deemed c....
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....raw materials or from the date of taking credit beyond which the credit taken could not be utilized. 4.2 Once the credit is utilized then it amounts to payment of duty and the refund, if any, due shall be subject to the time limit prescribed for claim for refund. 4.3 The Notification provides that the credit accumulated due to export is liable to be refunded. The credit lying in RG-23 accoun....