TMI Blog2003 (2) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner (Appeals) in three appeals preferred by M/s. KBC against three orders-in-original passed by the jurisdictional Assistant Commissioner. 2. One of the three orders passed by the Assistant Commissioner was on a classification dispute while the remaining two orders were passed by him in adjudication of show-cause notices demanding duty of excise. It appears from the impugned order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Modvat credit on inputs and cleared final product without payment of duty by claiming the benefit of exemption under Notification No. 1/93-C.E., dated 28-2-93 (as amended) cannot regularize the availment of duty exemption by reversing the Modvat credit subsequent to clearance of the final product. 3. The appellants have waived their right to be heard vide their letter dated 9-1-2003. In that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Modvat credit had been taken. Ld. DR submits that the ratio of the decision of the apex Court is applicable only to a case in which a manufacturer of final product takes Modvat credit on his input but subsequently reverses it and clears his final product under SSI exemption notification. In the instant case, ld. DR submits, M/s. KBC, admittedly, had taken Modvat credit on inputs and cleared final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Court's decision is, therefore, not applicable in the instant case as rightly observed by the lower appellate authority. In Franco Italian case cited by the appellants, Larger Bench of this Tribunal was only following the decision of the apex Court in Chandrapur Magnet Wires. In Madhura Polymers case cited by the appellants, a ld. Single Member of this Tribunal was only relying on the Larger Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
