2002 (5) TMI 784

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..... er]. Revenue filed this appeal against the order-in-appeal passed by the Commissioner (Appeals). 2. Heard both sides. 3. Brief facts of the case are that the appellants are engaged in the manufacture of Non-alloy steel ingots and they were working under the Modvat Scheme. During the period July, 96 to November, 96, the appellant took Modvat Credit as Rs. 7,58,123/- on the strength of inv .....

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..... liable for penal action and the Revenue had not issued any Show Cause Notice to the dealer. Therefore, the Modvat Credit cannot be denied to the respondents. The contention of the respondents is also that after verifying the record maintained by the dealer, the Commissioner allowed the appeal. 5. In this case the allegation against the respondents is that they availed the benefit of Modvat Credi .....

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..... iate octroi tax has been paid on the consignments and these facts are not disputed by the Revenue and the Respondents made payment through cheques. The Respondents also produced the record maintained by the manufacturer of the inputs which shows that PBC checks were conducted by the Central Excise staff and their monthly RT-12 Return was duly assessed. This factual aspect is not rebutted by the Re .....

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