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TMI Blog2006 (11) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... s facts and legal provisions involved are the same. Therefore, they are taken up for consideration together and disposed of by this common order. 2. Heard both sides and perused records. 3. The appellant is a processor of Fabrics and those Fabrics were liable to Central Excise Duty at compounded rates. Processors were also entitled to deemed Modvat Credit under Notification No. 53 of 2001 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty not paid denying deemed credit and proposing imposition of penalty. Adjudication upheld the charges made in the notice. The present appeals are directed against the demands and imposition of penalty so made. The total amount of duty involved in these appeals is about Rs. 7 Lakhs (Rupees Seven Lakhs). 6. The submission of the appellant is that the taking of credits in the PLA without making d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. There is no dispute raised by the appellants about short levy. Therefore, no interference is called for in respect of the duty demands. Since para 7 of notification No. 53/2001 specifically forbids allowing of Modvat Credit in cases involving fraud, collusion, wilful misstatement etc. deemed Modvat credit of 50% is fully justified. However, since full duty of Excise is being demanded, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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