2001 (12) TMI 705

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..... This appeal has been filed by the Revenue against the impugned order dated 21/29-11-2000 of the Commissioner (Appeals) vide which he had reversed the order-in-original of the A.C. disallowing Modvat credit of Rs. 25,020/- and imposing penalty of Rs. 4,000/- on the respondents. 2. The A.C. disallowed the Modvat credit of the amount referred to above, on the ground that declaration under Rule 57 .....

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..... n any ground. The Commissioner has rightly overlooked the lapses on the part of the respondents of having claimed Modvat credit before filing declaration and on the same date on which the invoices were issued. I do not find any sufficient ground to disagree with the view taken by the Commissioner (Appeals) for condoning lapse of the respondents, especially when there was no dispute about the recei .....

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