TaxTMI 
TaxTMI 
2003 (9) TMI 174
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....iving the inputs in question. 1.2 During the course of investigations the appellant reversed the Modvat credit of Rs. 3,16,627/- availed by it during the periods 1994-95 and 1995-96 and informed the Revenue accordingly vide their letter dated 3-10-97. 1.3 The appellants were subsequently issued a show cause notice proposing imposition of penalty upon them for irregular availment of Modvat credit. 1.4 The said show cause notice was adjudicated by the Commissioner vide his order dated 28-5-98 who imposed personal penalty upon the appellant. Thereafter the appellant filed an appeal against the said order of the Commissioner and the Tribunal vide its order dated 9-6-99 set aside the personal penalty upon the appellant by obser....
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....stand that the said reversal was made by them at the instance of DGAE officers; that the same was deposited during the course of investigations; that there was no show cause notice to the appellant for confirmation of the said deposit; that inasmuch as no proceedings has been initiated to adjust the said amount towards central excise duty, the same cannot be considered as duty so as to attract the provisions of limitation; that the same was the amount deposited during investigation and the appellants are entitled to the refund of the same. 1.8 That the Asstt. Commissioner however rejected the refund claim on the ground that their refund application was beyond the period of six months from the relevant date. 1.9 Being aggrieved w....
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....y, ld. Consultant for the appellant and Shri A.K. Mondal, ld. SDR, for the Revenue. 3. The appellants' contention is that since the amount in question was deposited during the course of investigation, the same cannot be considered as duty amount so as to attract the provision of Section 11B. Shri Chattopadhyay has strongly argued that the said amount of Modvat credit reversed by them during the course of investigation by the DGAE officers has not been confirmed by the Revenue and the show cause notice issued to them was only for imposition of personal penalty. In any case the proceedings arising out of the said show cause notice have also been set aside by the Tribunal. As such no case survives for the Revenue to retain the amount in ....