TMI Blog2001 (1) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. have filed this appeal being aggrieved by Order-in-Appeal No. 1040/99 dated 6-8-1999 passed by the Commissioner (Appeals), Bhopal confirming the demand of Modvat credit. 2. Shri Ravi Holani, learned C.A., submitted that the Appellants initially availed benefit of full exemption of payment of duty upto first clearance of Rs. 30 lakhs and thereafter claimed the benefit of Modvat credit by fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner (Appeals) also dismissed their appeal under the impugned Order. 3. The learned C.A., further, submitted that the inputs were lying in their stock on the day they started removal of goods on payment of duty and as such they are eligible for availing of Modvat Credit on such inputs lying in stock; that the Asstt. Commissioner had passed the Adjudication Order without considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8-1996. They had filed a reply dated 30-9-1996 to the show cause notice and the receipt of which has been acknowledged on the same day by the Central Excise Office. The Adjudicaton Order was passed by the Asstt. Commissioner on 24-10-1996 in which he has mentioned that the Appellants did not file any reply to the show cause notice which is not correct. Further, I find that in the show cause notice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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