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2004 (10) TMI 241

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..... arise and therefore, they were taken up together for the disposal. These appeals arise from the Order-in-Original No. 10 to 12/03-04 (R.P.), dated 19-6-2003 and 66/2003-04 (R.P), dated 31-3-2004. The Department had initiated proceedings against the appellants to recover the irregular Modvat credit availed by them on the inputs/spares in terms of Rule 57-I of the Central Excise Rules read with Rule .....

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..... t out to our notice that the Tribunal in the similar facts and circumstances in case of Bharat Heavy Electricals Ltd. v. CCE, Bangalore - 2002 (50) RLT 208 (CEGAT-Ban.) has held that merely because of the vatue of the inputs has been written off in books of account that by which disentitle the appellants taking the credit. The findings recorded in Para 3 of the said order is reproduced below - " .....

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