2004 (3) TMI 631

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..... he impugned order-in-appeal the issue relates to the denial of Modvat credit of Rs. 80,034.64 to the appellants on the invoices issued by registered dealer. The learned Commissioner (Appeals) has disallowed the credit by affirming the order-in-original, and maintained the penalty of Rs. 15,000/-. The learned Counsel has only prayed for setting aside of the penalty on the ground that the appellants .....

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..... to attribute any wrongful act to the appellants, for the non-registration of the dealer with the Central Excise authorities, before the due date. They are rather bona fide purchasers of the goods under the invoices which at the time of issuance of the invoice were valid documents. Therefore, keeping in view the facts and circumstances of the case, it is a fit case where no penalty deserves to be .....

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