9911796707
TMI Blog2001 (6) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner Central Excise, Raipur has confirmed demand of Rs. 46,17,072/- against the appellants on the following grounds :- (a) Aluminium ferruls are not inputs in terms of Rule 57A Rs. 3,683/- (b) Chromic acid was used in the manufacture of exempted final products namely, refractories and therefore, are not input in terms of Rule 57A Rs. 14,600/- (c) Modvat credit availed on LSHS o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1996 (86) E.L.T. 613 has held that the explanation to Rule 57A does not cover the parts of a machine. By applying the ratio of the said decision we find that the aluminium ferruls are eligible modvatable items. 4. As regards the Chromic Acid used in the manufacture of refractories, which in turn are used in the manufacture of iron and steel which are being cleared on payment of duty, we find that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore reported in 2000 (120) E.L.T. 214 (Tribunal-LB) laying down that credit cannot be taken after a period of six months from the date of issuance of invoice, after the amendment to Rule 57G on 29-6-1995. As such he concedes that the said amount is not available to them as Modvat credit in view of the law laid down by the Larger Bench. We accordingly confirm the same. 6. Another quantum of Rs. 33 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of confirmation of demand of duty to the tune of around 12 lakhs approximately, we note that the issue involved was not free from doubt at the relevant time and the law was only settled subsequenlty with the passing of judgment by the Larger Bench. As such we set aside the imposition of personal penalty of Rs. 10 lakhs on the appellants.
8. The appeal is disposed of in above terms. X X X X Extracts X X X X X X X X Extracts X X X X
|
