Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2000 (5) TMI 803

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... [Order]. - This appeal arises out of and is directed against the Order-in-appeal dated 12-5-1998 passed by the Commissioner of Customs & Central Excise (Appeals), Ghaziabad. 2. The appellants are engaged in the manufacture of PVC Battery Separators falling under sub-heading No. 8517.00 of the Schedule to the CETA, 1985. The appellant exported a consignment of PVC Battery Separators to Ban .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on copy of original AR4 was duly submitted. It was also submitted by him that in these circumstances, the party is entitled to take rebate based on the copy of the original invoice relying upon the decision of the Tribunal in the case of Collector of Central Excise, Chandigarh v. Kanwal Engineers, reported in 1996 (87) E.L.T. 141. In that case, it was held that Notification No. 85/77 dated 1-3-198 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ginal AR4 was placed before the Authorities below but there was no mention of original copy of AR4 in the respective orders. But the counsel drew my attention to the reply filed to the show cause notice in which it was clearly mentioned that original has been filed. In these circumstances, I am of the view that the matter will have to go back for reconsideration. Accordingly, I am remanding the ma .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates