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TMI Blog2002 (1) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Compounded Levy Scheme under Section 3A of the Central Excise Act, 1944. This application prays for waiver of pre-deposit and stay of recovery in respect of the duty and penalty amounts covered by the impugned order. 2. There is no representation for the applicants today in spite of notice. The respondent is represented by ld. JDR. As this matter has stood adjourned from time to time at the instance of the applicants. I am not inclined to grant any further adjournment in this matter, nor is there any written request for adjournment on record either. 3. Ld. JDR, Shri R.C. Sankhla submits that the deemed Modvat credit in question has been denied to the assessee on the ground that the duty liability in respect of the input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally declared that the inputs received from manufacturers thereof (working under the Compounded Levy Scheme under Section 3A of the Act) by an assessee intending to take deemed Modvat credit on the goods shall be deemed to be duty-paid for purposes of the Scheme covered by the Notification. It is a substantive provision of the scheme that is contained in para 2 ibid. What is contained in para 4 ibid, cited by ld. DR, is a condition which requires that the inputs must have been directly received by the Modvat-taking manufacturers from the input-manufacturers and that the invoices issued by the input-manufacturers should contain a declaration to the effect that appropriate duty of excise has already been paid on the goods. This condition has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) Mihir Textiles Ltd. v. CC [1997 (92) E.L.T. 9 (S.C.) (iii) Ramchandra Keshav Adke v. Govind Joti Chavare & Ors. [AIR 1975 SC 915] Ld. DR has, however, conceded in answer to queries from the Bench that none of the cited cases has dealt with any exemption Notification wherein there was a declaration by the Revenue in favour of the assessee. 7. With regard to the financial condition of the applicants. I find that there is no proof of financial hardships in support of this application. The Revenue's interest also requires to be taken into account while considering the application under Section 35F of the Central Excise Act. A total amount of duty of just over Rs. 4 lacs and a penalty of just over Rs. 40,000/- are involved in this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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