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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 ..... ind - Appeal No. E/385/2005 - Final Order No. 368/2007-SM(BR)(PB), - Dated:- 27-2-2007 - [Order per] - The relevant facts of the case, in brief, are that the 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... March, 1998, the appellants availed Modvat credit of Rs. 1,31,309.00 with out having any proper duty paying documents as prescribed under Rule 57G of the erstwhile Central 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 Advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des and on perusal of the records, it appears that in September, 1997, the appellants cleared goods on payment of duty of Rs. 1,31,309.00 under Section 3 of the Central Excise Act, 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 R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charging fortnight payment of duty. Subsequently, at the instance of audit party, the appellants debited the same from PLA and credited the equivalent amount in RG 23A Part II. (ii) 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 authenti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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