9911796707
TMI Blog2000 (1) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... er]. - This is an appeal relating to reversal of the Modvat credit when an assessee who comes within the Small Scale Industries exemption under Notification No. 175/86. The issue has been succinctly put by the Commissioner (Appeals) in the impugned order as follows : "The first relates to the recovery of duty on the goods lying in stock as on 31-3-1988. The Assistant Collector has held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount due. It should not be difficult to ascertain the exact quantity of duty. I, therefore, set aside this order of the Assistant Collector and direct de novo proceedings and also give the company an opportunity to produce the evidence to substantiate its claim near the correct amount. The second issue relates to reversal of the credit taken on inputs received from the manufacturers and lying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice only indicates the inputs issued from 24-3-1988 to 31.3.1988, but does not indicate that these inputs were utilized in the manufacture of the finished goods. In view of this, I do not find it possible to question to the Assistant Collector's finding and therefore, confirm it." 2. Ld. Counsel Shri Biradar challenges this Order. He says that the issue has been settled by the decision of the Lar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above, it will be very clear the Court has held that the whole scheme is in respect of the excisable goods and therefore, the product is exempted from excise duty. If we go through the Small Scale Industries Exemption notification it will amount to exemption which is to be reversed. These aspects have been fully covered by the judgment cited supra. I am of the view that the principle mentioned i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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