9911796707
TMI Blog2002 (3) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... t. [Order per : S.S. Sekhon, Member (T)]. Appellants are manufacturers of computers and peripherals thereof. They avail Modvat credit on certain items and use the same as inputs or and clear such inputs as such under Rule 57F(4), and also parts manufactured by them after discharge of duty to their Service Centre at Bangalore. These clearances are made to meet the warranty requirements of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de. Since no price declarations were made for Service Center prices there was a contravention of Rule 173C. Consequent to the duty evaded, contravention/penalty liability under Rule 173Q would also arise. The lower authorities confirmed the duty demand, as proposed and a penalty of Rs. 10,000/- was levied under Rule 173Q. Hence this appeal. 3. We have heard both sides and considered the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Section 4(b)(iii), would be the place from where they are sold after clearance from the factory , which would be the Service Centre in this case. Therefore duty on Service Centre sale price is to be recovered on such parts. (c) As regards goods manufactured and cleared as parts when not sold but captively consumed, at the Service Centre, the removal from the place of manufacture, that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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