1999 (7) TMI 376

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..... ent]. Matters called. None for the respondents. Being Revenue s appeal we have heard the ld. JDR Sh. Sanjeev Srivastava in support of the appellants. 2. Both the appeals relate to seeking of disallowance of Modvat credit on various capital goods which has been allowed by the lower authority under the impugned orders. 3. Ld. JDR has taken us through the list of various capital goods as me .....

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..... ribed by the respondents herein and their written submissions to the lower authority as used for commercial applications and not used for processing the data relating to production of goods etc. Consequently ld. JDR Sh. Srivastava is justified in his submission that Modvat credit on automatic data processing machine is also not admissible. Appeals of Revenue are allowed in respect of the aforesaid .....

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..... respondents herein had been utilised to some extent. The quantum of penalty will depend upon the amount utilised and for the period it remained utilised before reversal of the same by the respondents herein. We therefore remand the matter so far as the question of imposition of penalty on the respondents on this aspect is concerned. Appeals are disposed of in the above manner. - - TaxTMI - TMI .....

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