2003 (10) TMI 452

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..... impugned in the appeal, the Commissioner (Appeals) does not find it possible to interfere with the order of the Assistant Commissioner impugned before him. In his order, the Assistant Commissioner disallowed reversal of (sic) Modvat credit of Rs. 4,06,921.16 and imposed a penalty of Rs. 5,000/- on the appellant. The Assistant Commissioner was adjudicating on a notice issued to the appellant propos .....

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..... pellant, permission was not given on the application for transfer of credit on 26-3-1993, the appellant cannot, at the same time, claim that the credit has already been taken and therefore the notice of 18-10-1993 is barred by limitation. The appeal does not indicate when actually the factory was shifted. From the letter dated 26-11-1992 of the Gujarat Pollution Control Board to the appellant decl .....

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..... urer, or an assessee. That is not the case here. The inputs on which credit had been taken in its old factory was being shifted to the new factory. There being no provision in law for such act the inputs have therefore not been accounted for as having been disposed of in the manner specified in sub-rule (2) of Rule 57-I as is clearly contradictive. The time limit for recovery of duly in terms of t .....

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