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TMI Blog1998 (6) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... Associates, for the Appellant. Shri V.K. Puri, SDR, for the Respondent. [Order per : K.S. Venkataramani, Vice President]. The applications are for dispensing with the pre-deposit of duty Rs. 1,26,11,564/- as wrongly availed Modvat credit besides penalty Rs. 30.00 lakhs on the applicant firm and Rs. 2.00 lakhs on its Additional General Manager is applicant Shri S.R. Bansal. 2. Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turns for period prior to March 1996; they had in fact submitted Nil RT 12 returns for that period and the question of maintaining RG 1 production account will arise only after factory starts production which was in the month of March 1996. The Commissioner s finding that storage tanks are not capital goods is also not correct in law, because tanks have been held to be eligible for Modvat credit u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r registration on 6-12-1994 which has been returned to them but the deeming provisions in Rule 174 of the Rules has prima facie not been considered and dealt with in the impugned order; sub-rule 9 of Rule 174 laid down that proper officer shall grant registration certificate under the Rule within 30 days of the receipt of an application, and if registration certificate is not granted within the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rima facie the Commissioner conclusion runs contrary to the Tribunal decision. In these circumstances we hold it will be more appropriate and in the interest of justice to set aside the impugned order itself and remand the matter to the adjudicating authority to consider afresh the whole issue in the light of the provisions of Rule 174 as noted above and the ratio of the above cited decision of Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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