9911796707
TMI Blog2006 (11) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short, 'the Tribunal' in E/Misc/853/04-B in A.No.E/1316/04-NP(B), proposing following substantial questions of law:- "(i) Whether the order of the learned Tribunal is non-speaking and an unjustified order under the facts and circumstances of the case? (ii) Whether the findings given by the departmental authorities and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act'), alleging that for the period from June 1996 to 18-9-1996, the assessee wrongly availed Modvat credit in respect of goods which were never manufactured by the assessee. It was stated that at the time of visit by the team of the department on 18-9-1996, it was found that no power presses were installed in the factory; there was no stock of Washers; there was no other related machinery fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claiming credit without actually bringing the inputs for manufacture of goods. Accordingly, the assessee was directed to pay duty of Rs. 17,19,400/- with interest under Section 11AB of the Act and penalty. 5.On appeal, the appellate authority affirmed the finding of the adjudicating authority. On further appeal, the Tribunal upheld the impugned order but except for setting aside penalty, it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on behalf of the assessee and recorded detailed findings which were based on material on record and the said findings could not be held to be perverse. It was also submitted that the Tribunal in its order, though brief, has discussed the matter, upholding the view taken by the adjudicating authority and the appellate authority and the order of the Tribunal could not be held to be non-speaking or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the above, we are unable to hold that the impugned orders are vitiated on the ground that the same were perverse or had not considered the view point of the assessee. 10.As regards interest, we find that Section 11AA of the Act has been on the statute book w.e.f. 26-5-1995 which clearly provided for levy of interest. Inapplicability of Section 11AB of the Act to the period prior to 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
