9911796707
TMI Blog2008 (8) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... Invoice Credit Remark No. No. Date Amount (Rs.) 1. Gonterimann 305 30-9-95 14750 Credit availed on extra copies of invoices 2. Peipers 95 31-5-95 28710 -Do- Total 43460 3. Orino-Toni Refractories Ltd. 117 24-6-95 139 Credit availed on Buyer's copy Total 139 4. IOC Ltd. Chinchwad Depot 7492 26-7-95 8781 Credit availed as the invoices not marked as 'Duplicate for transporter' 5. -Do- 7751 18-8-95 12629 6. -Do- 7785 21-8-95 2282 7. -Do- 7239 1-7-95 8106 8. -Do- 7673 11-8-95 1456 9. H.P. Terminal, Loni 7471 24-7-95 12980 10. -Do- 1193841 29-7-95 6860 &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellant is allowed. 5. As regards the credit of Rs. 139/- at Sr. No. 3 of the above reproduced table, I find that the appellant has not produced any evidence or any form of invoices to come to any conclusion. Therefore, I hold that credit amount of Rs. 139/- is not available to the appellant. Hence, the impugned order upholding the reversal of duty of Rs. 139/- is upheld and appeal filed by the appellant is rejected. 6. As regard the credit of Rs. 53,094/- availed on the invoices issued by M/s. Indian Oil Corpn. Ltd., Chinchwad Depot and HP Terminal, Loni as reproduced in the above table at Sr. No. 4 to 10, I find that the allegation in the show cause notice is that the appellant has taken credit on the basis of invoic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals) while upholding the impugned Order-in-Original reduced the penalty to Rs. 40,000/- under the same provisions. In the facts and circumstances of the case and issue involved being of Cenvat/Modvat credit, which was at a nascent stage during the relevant period, imposition of penalty for such inferactions needs to be considered sympathetically as there was confusion in the trade during the relevant period. Hence, it cannot be adjudged that the credit was wrongly availed by the appellant. Accordingly, to my mind there is no need for visiting the appellant with penalty under provisions of Rule 173Q(1)(bbb) of the Central Excise Rules, 1944. Therefore, the penalty imposed on the appellant is set aside. 9. The appeal is disposed off ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
