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TMI Blog2010 (11) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... that for taking modvat credit in respect of the imported goods, the assessee has to make a declaration on the bills of entry regarding his intention to avail modvat credit - Decided in favour of the assessee - E/1383/2005 - 813/2010-EX(PB) - Dated:- 2-11-2010 - Justice R.M.S. Khandeparkar, Shri Rakesh Kumar, JJ. REPRESENTED BY : Shri Ashok Dhingra, Advocate with Ms. Sonia Gupta, Senior Consultant, for the Appellant. Shri R.K. Verma, JDR, for the Respondent. [Order per : Rakesh Kumar, Member (J)]. The appellants are engaged in the manufacture of Bulk Drugs/Drugs chargeable to central excise duty. They also availed Modvat credit in terms of the provisions of Central Excise Act, 1944. The period of dispute in this case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E/CHD/2005 dated 25-1-2005 set aside the Asstt. Commissioner s order and confirmed the modvat credit demand of Rs. 80,64,129/- and also imposed penalty of equal amount on the appellants under Rule 173 Q(1)(bb) of the Central Excise Rules, 1944. It is against this order of the Commissioner (Appeals) that the present appeal has been filed. 2. Heard both sides. 3. Shri Ashok Dhingra, Advocate, ld. Counsel for the appellants submitted that it is not the Department s case that inputs, in respect of which the modvat credit had been taken, had not been declared in the modvat declaration filed under Rule 57G or that the bills of entry under which the goods in respect of which cenvat credit had been taken had been imported, are not in the name o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that on the body of the bills of entry no declaration regarding appellant s intention to avail modvat credit had been made as per the provisions of the Board s circular dated 9-12-1986. However, we find that there is no provision in the Central Excise Rules pertaining to modvat credit that for taking modvat credit in respect of the imported goods, the assessee has to make a declaration on the bills of entry regarding his intention to avail modvat credit. The department s case is thus without the authority of the law and as such, the impugned order denying the modvat credit and ordering its recovery and imposing penalty on the appellant is not sustainable. The same is, therefore, set aside. The appeal is allowed. [Operative portion of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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