9911796707
TMI Blog2000 (12) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... earing Shri S.P. Sheth for the applicants and Smt. Reena Arya for the Revenue, the appeal itself was taken up for disposal. 2. M/s. International Solvent Chemicals Co. are the agents of M/s. NOCIL, registered as Dealers empowered to issue Modvatable invoices in terms of Rule 174 read with Rule 57GG of the Central Excise Rules, 1944. Invoice No. 153, dated 6-4-1999 was issued by M/s. NOCIL in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by a notice under Rule 57-I of the Rules and levy of penalty on them under Rule 173Q of the Rules was also alleged. The Dy. Commissioner passed orders confirming the duty and imposing penalty of Rs. 10,000/-. The dealers then filed an appeal. The Commissioner held as follows : - The question thereafter is whether credit wrongly availed of or utilised in an irregular manner could be recovered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the said Rule 57-I ibid, for recovery of irregular credit. The liability imposed on the appellants on this account is therefore set aside . Hence the present appeal. 3. The Ld. Commissioner is quite correct in his interpretation of Rule 57-I which does not permit recovery of Modvat credit wrongly taken by an account of a registered dealer. Infact where a user manufacturer has taken credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not make the satisfaction of the Assistant Commissioner mandatory. There is nothing on record to show whether the concerned officers had made any verification of the claims as to the physical receipt of the goods. Therefore it could not be held that the dealer had taken impermissible credit nor can it be said that he had not kept due and proper account of the receipt and disposal of the goods. He ..... X X X X Extracts X X X X X X X X Extracts X X X X
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