2005 (5) TMI 201

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... correctness of the impugned order vide which Commissioner (Appeals) has dropped the recovery of Modvat credit of the amount in question (Rs. 5,37,799/- and penalty of Rs. 50,000/-) against the respondents. 2. I have heard both the sides and gone through the record. The perusal of the record shows that the respondents exported P.P. Woven fabrics with a declaration on the relevant AR-4s that the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e respondents. But in my view, this contention of the Counsel is not liable to be accepted. The respondents had availed two benefits. One of the drawback against the export consignment and second of the credit on the indigenous inputs as they used the same being faced with the urgency of exporting the goods. However, when the replacement was received, they took the credit again though later on, bu....