2012 (2) TMI 104

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..... dhwa:   After hearing both the sides, we find that the appellants are engaged in manufacture of biscuits. The biscuits are in packaged form with RSP not exceeding Rs.60/- per kg. was exempted under Notification No.3/07-CE. The said exemption was also extended to biscuits cleared in packaged form with RSP not exceeding Rs.100/- per kg. vide Notification No.22/07.   2. The dispute in the .....

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..... thorities to reverse the Modvat credit relatable to inputs used in the manufacture of exempted final products. He specifically draws our attention to the prayer made by him in the memo of appeal before Commissioner(Appeals). The said prayer does not stand considered by him and the appeal stands disposed of by Commissioner(Appeals) only on the point of limitation by recording that the appellants ha .....

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..... o be reversed by them. Accordingly we set aside the impugned order and remand the matter to Assistant Commissioner for doing the needful in consultation with the appellants who would be given an opportunity to establish their case. We accordingly direct the original adjudicating authority to quantify the credit along with the interest required to be reversed by them. Stay petition as also appeal g .....

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