9911796707
TMI Blog2004 (4) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... ants filed this appeal against the Order-in-Appeal whereby the benefit of Modvat credit to the extent of 50% was denied to the appellants on the ground that the manufacturer of the inputs are not entitled for the benefit of Notification No. 29/96-C.E., dated 1-3-1996. 2. The appellants are engaged in the manufacture of cotton corduroy fabrics. During the period August 99 to January, 2000, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit including the part of deemed credit availed by the suppliers of the inputs as per the list of invoices attached as Annexure A . As per explanation-II read with para 4 of the said Notification the deemed credit availed by the manufacturer of pile cut fabrics is not admissible to those assessees who are availing Modvat credit under Notification No. 29/94-C.E. (N.T.), dated 20-5-2004, as ame ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable to penal action for contravention of the provisions of Rule 57A read with said Notification, under Rule 57-I(4), 173-Q and 209 of the said rules. 3. The Adjudicating Authority confirmed the demand and imposed penalty. 4. The contention of the appellants is that they were receiving pile cut fabrics which were cleared by availing the benefit of Notification No. 29/96-C.E. and they were av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants are availing credit on the strength of invoices showing payment of duty. The appellants are not the manufacturers of pile cut fabrics or availing benefit of the notification No. 29/96-C.E. No notice was issued to the manufacturers of pile cut fabrics for denying the benefit of the notification. When the assessments are final, at the time of clearance of pile cut fabrics after allowin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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