2006 (11) TMI 102

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..... manufacturer if the credit is unutilised, though the assessee was in position to utilise the same, as the duty is paid from the Personal Ledger Account (PLA) instead of utilising Modvat Credit, as per condition 6 of the Notification No. 35/87-C" 2. Tribunal has considered this issue in paragraph 4 of it's order, which is reproduced below :- "The learned counsel for the appellants contends that .....

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..... the party was obstructed from utilising the deemed credit and on the other hand, the Department was pressurising the manufacturers to pay the duty from PLA. Though such demand as canvassed by the authorities concerned even prior to the introduction of the compounded levy scheme is off the record, I have no reason to disbelieve the statement made by the learned counsel for the appellants. The fact .....

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