2007 (9) TMI 97

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..... PI/32/2001 dated 16-2-2001. 2. The relevant facts that arise for consideration are the respondents are manufacturing "Extra Neutral Alcohol", which was manufactured out of molasses on which Modvat credit was availed by the respondent. It appeared to authorities that the amount reversed by the assessee as per the provisions of Rule 57CC was subsequently collected by them from their customers a....

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....t aside the impugned order of the adjudicating authority and allowed the appeals of the assessee. 4. The ld. Jt. CDR submits that the respondent having collected the amount of 8% reversed by them under Rule 57CC are liable to pay by the said amount under the provisions of Section 11D. He produced the purchase order placed by the purchaser of the respondent to press home his point that price inc....

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....ate that when ever appellants sold extra neutral alcohol, they had reversed the credit taken on molasses by paying 8% of the value of extra neutral alcohol. It is seen from the records that the respondents had produced evidence as to non-recovery of the said amount of 8% from their customers. The purchase order relied upon by the Jt. CDR would only indicate that the price include 8% as CED but it ....