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TMI Blog2003 (9) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... ocate, for the Appellant. Shri C. Mani, DR, for the Respondent. [Order per : Jeet Ram Kait, Member (T) (Oral)]. - This appeal is directed against Order-in-Appeal No. 172/2002 (M-II), dated 29-11-2002 by which the learned Commissioner (Appeals) has upheld the confirmation of demand of Rs. 1,48,731/- on the appellants under Section 11A(2) of the Act. He has also reduced the penalty under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of duty which is payable has to be excluded. Ld. Advocate has also submitted that they are also entitled to modvat credit, while confirming the duty, since Modvat credit has to be extended even no procedure or formalities in relation to Modvat is followed and Modvat benefit can still be extended if there are documents to show that duty was paid on the inputs used in the manufacture of final pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aising of such claim before the appellate authority is permissible in view of Supreme Court's decision referred in 1989 (43) E.L.T. 201 (S.C.) = 1989 (3) SCC 518 in the case of CCE v. Eastend Paper Industries Ltd. and Orient Paper Mills which has been followed by the Tribunal Special bench 'A' New Delhi in the matter of Orient Paper Mills v. CCE, reported in 1990 (50) E.L.T. 552 (T). He also invit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssions made by both the sides and perused the various case laws relied upon by the learned Counsel for the appellants. We find that it is settled proposition of law that duty proposed to be demanded have to be abated from the cum-duty price actually received and liable to be received as a consideration for sale of goods as held by the Larger Bench in the case of Srichakra Tyres Ltd. v. CCE, Madras ..... X X X X Extracts X X X X X X X X Extracts X X X X
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