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TMI Blog2007 (2) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants are engaged in the manufacture of M.S. Ingots and S.S. Ingots falling under Chapter 72 of the Central Excise Tariff Act, 1985. The appellants were working under compounded levy scheme under Section 3A of the Central Excise Act, 1944. It appears from the record that in the month of September, 1997, the appellants cleared the goods on payment of duty Rs. 1,31,309.00 @ 15% ad valorem from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Excise Rules, 1944. The adjudicating authority confirmed demand of duty and imposed penalty of Rs. 5,000.00 on the appellants. In the impugned order, Commissioner (Appeals) uphold the adjudication order. 3. The learned Advocate on behalf of the appellants submits that in this case, the appellants erroneously debited duty in Modvat account in September, 1997. Subsequently, in March, 1998, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1944, which was debited from their Modvat account. It is revealed from the reply to show cause notice that in the month of March, 1998, the appellants deposited Rs. 41,779.00 in their PLA and re-credited the amount of Rs. 1,31,309.00 in Modvat account. So, the appellants erroneously paid duty at the time of clearance of goods in September, 1997 under Section 3 of Central Excise Act, 1944 and, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) Indo-American Electricals Ltd. (supra) :- In this case, the appellants availed Modvat credit of Rs 7,85,47100 on the basis of invoices, and the Range Superintendent was not satisfied with the genuineness and authentication of the same and on his direction, the appellants debited the entire amount from RG 23A Part II Subsequently, the Superintendent of Central Excise informed that the said invoi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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