9911796707
TMI Blog1997 (11) TMI 278X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondents. [Order per : Gowri Shankar, Member (T)]. Appeal taken up for disposal after waiving pre-deposit. 2. In the order impugned in the appeal, Commissioner has disallowed Modvat credit taken under Rule 57A for various reasons. He has also imposed a penalty under Rule 173Q. 3. An amount of Rs. 12.43 lakhs has been denied on the ground that, in its declaration dated 1st M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iance so far as these products are concerned. 4. Credit has been disallowed on the duty paid on five consignments of wool tops, for the reason that they were not declared as input. Advocate for the appellant admits that wool tops were not declared in any manner in this declaration and says that during the period wool tops were not received by the appellant, except in two cases where emergency re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the description in the invoices did not tally the description in the declarations filed under Rule 57G. It is the appellant s contention that various descriptions in the Modvat declarations were in generic names such as lubricating oil etc; the products were described in the invoices under which they were received by their brand or trade names and that therefore, the goods are already covered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arations already file, credit refused merely on the ground that the invoices did not mention the generic name but only the brand name. 7. Credit of Rs. 1 lakh approximately has been denied on the ground that the applicant availed of the credit beyond 6 months from the date of receipt of the inputs. Appellant contends that the inputs were received in January, 1995 and credit was actually taken im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssistant Commissioner shall after hearing the appellant and considering the material placed before him, decide on the eligibility of the inputs stated to have been declared. He should also decide on the eligibility of credit of Rs. 1 lakh approx. and allow such credit if the appellant satisfies him that the credit in fact was taken but entered wrongly into the capital goods account. 9. Appeal di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
