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TMI Blog2003 (2) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... llector of Central Excise Pune V Division vide Show Cause Notice under F.No. PI/CEX-5/95, dated 24-2-95 had alleged that Modvat credit took to the tune of Rs. 6,28,651/- have been wrongly availed by M/s. Biostar during the period 30-8-94 to 31-1-95. 3. The Additional Collector under his order-in-original No. 131/CEX/95, dated 12-9-95 confirmed the demand for Rs. 1,47,725/- and imposed penalty of Rs. 14,000/-. 4. Aggrieved by the above mentioned OIO the assessee filed an appeal with Commissioner (Appeal) Central Excise, Pune. Commissioner (Appeals) vide his order-in-appeal No. P/165/96, dated 27-3-96 allowed credit in respect of certain items and reduced penalty from Rs. 14,000/- to Rs. 9,000/-. 5. CEGAT vide its order No. CI/2737/WZB/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed Modvat declaration under Rule 57G to the department on 28-2-92. It is also stated that before filing the appeals they had already paid duty and penalty amount to the department and may be refunded to them. 7. Shri L.L. Narasimhan, Excise officer also submitted Xerox copy of letter dated 20-5-1994 having F. No. BRIV/Biostar P/EC/94/439 and Xerox copy of letter F.No. BRIV/C.Ex/90/94-95, dated 13-3-1999 along with the declaration. He further stated that the Range Supdt. has directed them vide letter dated 20-5-94 to note the liability arising out of pending matters relating to M/s. Borachem Industries Pvt. Ltd. at the same time the department should consider the benefit if any arising out of pending matters pertaining to M/s. Borachem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso produced the original copy of price list filed by M/s. Borachem Industries Pvt. Ltd. during the relevant period. From this evident it is seen that M/s. Borachem Industries were manufacturing the product. Nausidome supn and Tablets for which the input mainely dom peridone was taken credit of the assessee also produced the original declaration filed by them which was acknowledged by the department on 27-5-94. On perusal of the said declaration it is observed that the Head vitamins at Sr. No. 3 and item Vitamin B.2 (Ribuflarim) Ip is declared. 11. I have gone through both the declarations filed by the assessee, and same are found genuine. Considering the transfer of entire business from M/s. Borachem Industries Pvt. Ltd. to M/s. Biostar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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