9911796707
TMI Blog2002 (4) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants manufacture white cement falling under Chapter Heading No. 25.02. They availed the Modvat credit of Rs. 1,39,239/- in the month of March, 1994 on the furnace oil received by them from Indian Oil Corporation, Kandla. The Central Excise Authorities observed that these goods were not received under the cover of Central Excise Gate Pass (GP-1) which was the valid duty paying documents in te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed a penalty of Rs. 50,000/- on them under Rule 173Q(1)(bb) of Central Excise Rules, 1944. 2. The party filed an appeal but the same was rejected by the Commissioner (Appeals), Jaipur, vide his order dated 23-11-2001. The Commissioner (Appeals) in his order has observed that the Modvat credit involved in the present case was earlier rejected by the Assistant Commissioner vide his letter dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the respondents. The ld. Counsel for the appellants submits that the Modvat credit is admissible to the appellants on the strength of the challan/certificate issued by M/s. IOC as provided at serial No. 7 of the Table annexed to Notification No. 16/94-C.E. (N.T.), dated 30-3-94 issued under Rule 57G of Central Excise Rules, 1944. It is not disputed by the appellants that earlier their claim for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view that in the interest of justice, if their claim for the Modvat credit under Rule 57H(1) was not considered to be admissible, the same should have been examined under the provisions of Rule 57G. In this view of the matter, I set aside the impugned order and remand the matter to the original authority for examining the claim of the party for admissibility of the Modvat credit under the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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