2007 (8) TMI 176

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... export house and exported goods viz. SS Wires, SS bright bars etc. under the claim of rebate, after manufacturing the same. They were also availing benefit of Modvat credit of duty paid on the inputs used in the manufacture of said goods. During the period from September, 1998 to March, 1999, the appellant exported various consignments and wires and bright bars under claim of rebate. The rebate s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ements made by the rebate sanctioning authorities that assessable value was lowered, was not a proper document on the strength of which credit can be taken under Rule 57G(3) of the Rules. The notice accordingly proposed denial of the credit. The Deputy Commissioner vide his impugned order confirmed the same and also imposed penalty of Rs. 2 lakhs. On appeal against the said order, the Commissioner....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....duty. In any case, ld. Advocate submits that the appellate authority has relied upon the decision of the Single Member Bench of the Tribunal in the case of M/s. Medicamen Biotech Ltd., whereas the Division Bench of the Tribunal in the case of M/s. Visakapatnam Steel Plant [2002 (149) E.L.T. 708], as also in the case of M/s. Gujarat Alkalies & Chemicals Ltd. [2005 (190) E.L.T. 406] and M/s. USV Ltd....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m was sanctioned less to the above extent. In the ordinary course, the appellant should have filed an appeal against the above order of the rebate sanctioning authority, if they were aggrieved with the said decision, instead of suo-motu taking the credit. Such an action on the part of the appellant admittedly amounts to self re-adjudication of the assessable value and thus taking the law in their ....