9911796707
TMI Blog1996 (3) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... 140 (BED) plus Rs. 3,471 (SED) has been denied to the appellants under Rule 57-I of the Central Excise Rules and penalty of Rs. 2,500/- has also been imposed upon them under Rule 173Q on the ground of contravention of the provisions of Rule 57G in as much as, the appellants did not declare Alloy Steel in rounds falling under sub-heading 7228.30 and availed credit on this input for the manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o distinguish the case law cited on the ground that in those cases, Modvat credit was extended either on the basis that the item for which Modvat credit had been sought to be denied, was akin to some other item which had been declared or on the ground that the description of declarcd input was wide enough to cover the input not declared. 4. I have carefully considered the rival submissions. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the facts of this case. In these circumstances, I hold that Modvat credit has been rightly denied and uphold the impugned order to this extent. However, having regard to the totality of the facts and circumstances, I am of the opinion that this is not a fit case for imposing any penalty and hence set aside the penalty imposed upon the appellants. The appeal is disposed of in the above terms. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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