2000 (12) TMI 277

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r per : V.K. Agrawal, Member (T)]. The issue involved in this appeal is whether M/s. Cosmo Ferrites Ltd., are eligible to take Modvat Credit of the Additional Customs Duty paid subsequently on demand by the Department. 2. Shri J.P. Kaushik, Advocate, submitted that the appellants imported certain goods on payment of concessional rate of duty; that as they could not produce the end use cert .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d for non-compliance of procedure and was in the shape of a penalty. The ld. Advocate, further, submitted that the duty has been paid by them under Section 28 of the Customs Act as they could not fulfil the condition specified in the Notification and as the differential duty has been paid by them, they are eligible to take the Modvat Credit under Rule 57E of the Central Excise Rules. 3. Shri R.C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X