2004 (2) TMI 574

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..... Member (T)]. In the impugned order the Commissioner ordered recovery to Rs. 64,72,952/- (Rupees Sixty four lakhs seventy two thousand nine hundred fifty two) under the provisions of erstwhile Rule 57AH(1) of Central Excise Rules, 1944 and now Rule 12 of CCR, 2001 read with Sections 11AA and 11AB and imposed a penalty of Rs. 2 lakhs under Rule 173Q(1) (Rule 25 of 2001) read with Rule CCR, 20 .....

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..... to be debited under Rule 57CC at the rate of 8% of the price of exempted final product on its clearance is neither Modvat credit nor duty and is not recoverable, if not debited, in the absence of any machinery provisions in the Act or the Rules for its recovery. An appeal filed in the Supreme Court against this decision was dismissed by the Hon ble Supreme Court [2003 (153) E.L.T. A89 (S.C.)]. 5 .....

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