2006 (3) TMI 572

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..... ]. The short point involved in this appeal that there has been irregular availment of Modvat credit, which was reversed by the respondents M/s. Pro-Sun Ferro Alloys Metal Castings (P) Ltd. even before issuance of show cause notice. Nevertheless, penalty has been imposed by the original authority amounting to Rs. 3,50,000/- against the reversal of credit amounting to Rs. 7,68,849/-. The same .....

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..... Tri. - Del.), wherein Para 3, the Tribunal has distinguished the ratio of the Larger Bench s decision in the case of Machino Montell (I) Ltd. - 2004 (168) E.L.T. 466 (T-LB) and CCE, Mangalore v. Shree Krishna Pipe Industries - 2004 (165) E.L.T. 508 (Kar.), as these cases relate to imposition of penalty under Section 11AC and demand of duty, whereas the present case relates to Modvat credit. The de .....

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..... of Rashtriya Ispat Niagam (supra) will accordingly apply to their case also. He placed the reliance on Tribunal s decision in the case of Shree Krishna Pipe (supra) in support of their contention. 5. After considering the submissions made by both the parties, I find that the Tribunal s decision in the case of H.E.G. Ltd. correctly distinguishes the decision of the Tribunal in the case of Rashtr .....

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