9911796707
TMI Blog2003 (9) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... er (Appeals) has upheld the order of the lower authority of demand of duty by debiting in the PLA and against the penalty of Rs. 30,000/- imposed under Rule 173Q. 2. Shri P. C. Anand, Chartered Accountant, appearing on behalf of the appellant-assessee argues that they are ready to pay the duty through the PLA but a direction be given to the department to permit them to take back the Modvat credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defaulted earlier on four occasions in making the payments on due dates. On verification of accounts, it was observed that during the period 16-2-2001 to 15-4-2001, the appellant paid duty utilising Cenvat credit to the tune of Rs. 5,38,681/- instead of paying through account current in violation of Rule 49 read with Rule 173G. A perusal of Rule 49 would indicate that the manufacturer shall discha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing this period. Therefore the order passed by both the lower authorities is legal and proper. However to remove any doubt and the apprehension on the part of the assessee, the appellant will be allowed to re-credit the Modvat credit already debited, in case they are able to prove that the duty has been paid in cash or by debit in the PLA. As regards their plea of reduction in the penalty, ld. Com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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