2004 (11) TMI 383

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..... l)]. After examining the records and hearing both sides, I find that the lower authorities denied Modvat credit of Rs. 22,432/- to the assessee for the period April 01 - Jan 02 and also imposed on them a penalty of Rs. 2.35 lacs. It is also noticed that, in the same assessee s case for a prior period, this Tribunal held that they had no intention to evade payment of duty vide final order No. .....

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..... of dispute, they even did not have Central Excise registration. It is this decision that is under challenge now. 2. Ld. Consultant submits that the Tribunal has allowed Modvat credit in other cases in similar circumstances. In any case, according to the consultant, the penalty imposed on the appellants cannot be sustained in the above facts and circumstances. 3. I have heard ld. DR also. 4. .....

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