2003 (8) TMI 389

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... As the issue involved in this appeal filed by M/s. U.P. State Sugar Corporation Limited is in a narrow compass, I stay the recovery of the entire amount of penalty imposed on them and take up the appeal itself for disposal. 2. Shri Bipin Garg, learned Advocate, submitted that the Appellants had received two consignments of the capital goods on 10-11-1997 and 18-12-1997; that the declaration f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or condonation of delay and as such the penalty is imposable on them for wrongly availing the Modvat credit. 4. I have considered the submissions of both the sides. The facts which are not in dispute are that the capital goods in question were received by the Appellants in November, 1997 and December, 1997, the declaration under Rule 57T was filed in January, 1998 and the Modvat credit was take .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X