TMI Blog2007 (5) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order]. Heard both sides. Both these appeals are filed by the assessee and as well as Revenue against the same order as such they are being disposed of by this common order. 2. The assessee is engaged in the manufacture of refrigerators and availed Modvat credit on capital goods and inputs. They removed ten sets of moulds viz. injection moulds for plastic goods to be used in the refri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Rule 57S(8) and further extension up to 29-7-2000 was granted on 29-1-1998. 4. Aggrieved by the Order of Assistant Commissioner, the assessee has filed an appeal to the Commissioner, Central Excise and due to the subsequent extension of time for the receipt of the moulds, the Commissioner, Nagpur vide letter dated 8-5-98 communication to the CCE(A) that the department did not wish to co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be credited to M/s. Electrolux Kelvinator Ltd. the successor in business to M/s. Voltas Ltd. It was also held that interest was payable from the date the assessee has filed the refund claim. The assessee pursuant to this order dated 14-1-2003 filed a refund claim in format R on 23-1-2003 received by the A.C s office on 29-1-2003 claiming a refund of Rs. 4,25,000/- along with interest and also int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payable on Modvat credit of Rs. 4,25,000/- which was debited and re-credited and the fact is not under challenge. The question of modvat credit being equated with duty and hence there being an interest liability on such erroneous debits and credits prima facie cannot be upheld under the provisions of Section 11BB of the Central Excise Act, 1944, credit in RG 23C register and its debit cannot be e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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