2004 (8) TMI 582

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..... ts availed the Modvat credit - They admitted the shortage and attributed the same to the clerical calculation mistake in the record - Held that: - prayer of the Revenue for confirmation of the penalty - against the respondents under Rule 173-Q, cannot be sustained as the penalty could only be imposed under Rule 57(i) which pertains to the imposition of penalty in the case of wrongful availment of .....

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..... s bottles and LDPE bags involving duty of Rs. 28,762.73 was found. On these short found goods, the respondents availed the Modvat credit. They admitted the shortage and attributed the same to the clerical calculation mistake in the record. However, they debited 50% of the duty vide PLA Entry No. 370 dated 17-11-1998 and balance 50% they deposited through TR-6 Challan No. 10, dated 28-9-2000. The C .....

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..... dy been utilized by the respondents. Therefore, the amount of the credit became recoverable from them for having wrongly utilized. For that recovery, the demand was to be confirmed and the adjudicating authority rightly confirmed the same. The Commissioner (Appeals) has failed to address to all these facts and circumstances before passing the impugned order. Therefore, the impugned order passed by .....

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