2001 (1) TMI 118

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..... ti Balasundaram, Member (J)]. - In these cases, the Commissioner of Central Excise, New Delhi denied Modvat credit of Rs. 52 lakhs wrongly availed by M/s. SCJ Plastics under Rule 57-I of the Central Excise Rules and ordered recovery of the same, imposed penalty of equal amount under Rule 57-I read with Rule 173Q and also ordered penal interest and imposed personal penalty of Rs. 2 lakhs on Shri Da .....

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..... misuse of Modvat scheme. 3. We have heard Shri G. Shiv Dass, learned Counsel for the applicants, and Shri M.M. Dube, learned DR. It is the submission of the applicants that the impugned order passed in August, 2000 by invoking Rule 57-I of the Central Excise Rules is not sustainable for the reason that the provisions of Rule 57-I did not exist in the Statute on the date of passing of the order by .....

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..... n or their substitution or omission, any legal proceedings including adjudication proceedings cannot continue in the absence of a Legislation validating the earlier action taken. In these circumstances, they pray for waiver of predeposit of duty and penalty and stay of recovery thereof pending the appeals. 4. The prayer is opposed by the learned DR who reiterates the findings of the adjudicating .....

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