2003 (2) TMI 380

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..... [Order]. This appeal has been directed by the appellants against the impugned order-in-appeal dated 15-6-2001 vide which the Commissioner (Appeals) has affirmed the Order-in-Original dated 28-1-2000 of the Addl. Commissioner who confirmed the duty demand of Rs. 3,65,624/- with equal amount of penalty. 2. The demand of Rs. 3,65,623/- has been confirmed against the appellants by denying the .....

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..... e of the final product i.e. Glazed Ceramic Tiles, the appellants became entitled to the Modvat credit of the disputed amount, even if it is taken that initially they took it wrongly. According to the counsel, it is a case of revenue neutral and this aspect has not been gone into by the authorities below before disallowing the Modvat credit. The learned counsel has also contended that the impugned .....

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..... cture of the final products during the period in question, and there by contravened the provisions of Rule 57Q(7) of the Rules. But the plea taken up by the appellants is that, they did install the capital goods and started manufacturing their final product i.e. Glazed Ceramic Tiles in December, 1998. Therefore, even if initially they had taken the Modvat credit wrongly, but later on they became e .....

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