2017 (5) TMI 507

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....ue is in appeal against the impugned order wherein the ld. Commissioner (Appeals) after examining the certificate placed before him and record of stock position filed by the respondent dropped the demand confirmed by way of adjudication.  2.   The facts of the case are the respondent opted out from modvat scheme on 31.3.1997 and 31.3.1998.  The respondent reversed the credit a....

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.... before me. 3. Learned AR submits that the Commissioner (Appeals) has not examined the books of accounts and relied on the certificate issued by the Chartered Accountant and  has dropped the demand.  In that circumstance, the impugned order is to be set aside. 4.   On the other hand, learned Counsel for the appellant submits that the respondent has filed their stock position ....