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TMI Blog2005 (2) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : S.S. Sekhon, Member (T)]. The appellants are assessee engaged in the manufacture of paper and paper products they avail Modvat credit on various inputs used in this manufacture in respect of various kinds of paper such as newsprint. Inputs used in the manufacture of such exempted product were received in terms of rules, credit during the period March, 2000 to M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The said amount has also been reversed on 10-9-2002. 2. (a) A Show Cause Notice issued by the Commissioner, Central Excise, Pune-I, on 4-2-2002 requiring the appellant to show cause as to why proportionate Modvat/Cenvat credit availed on inputs/chemicals used in the manufacture of Pulp in Deluk Plant which was subsequently used in the manufacture of newsprint attracting nil rate of duty during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Modvat/Cenvat credit of Rs. 18,224.00 on core pipes used in the manufacture of newsprint. A penalty of Rs. 20,59,507.00 as per the provisions of Rule 57-I(4) and Rule 57AH(2) of the Central Excise Rules was imposed interest under Section 11AB read with rule 57-I(5) was demanded further a penalty Rs. 29,227.00 as per the provisions of Section 11AC of the Act was imposed along with a penalty of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ished. (b) The submission of the ld. DR that the decision do not give reasons as how provision of Section 11AC were not involved. The present case is of misdeclaration and non-declaration and relying upon the case of Bharat Petroleum - 2004 (65) RLT 862 (para 6); Auto General Industries - 2002 (143) E.L.T. 487 (Del.) would call for ignoring the decision in case of Machino Montell to be rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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