2005 (5) TMI 230

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt under Rule 57CC on Rectified spirit cleared without payment of duty during the period 1-9-96 to 28-2-97 on the grounds - (i) Commissioner should have confirmed the entire amount of Rs. 11,10,629/- instead of holding that Rs. 7,10,471/- had already been reversed on 5-3-97, only therefore confirming Rs. 4,00,158/- against further reversal made on 6-12-96. (ii) After confirmin .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... how the bona fide of the assessee. 2.2 As regards penalty under Section 11AC and interest under Section 11AB the same can be invoked for the liability only in case of duty demands. The provisions of Section 11A duty demands are not applicable for Modvat credit as held by S.C. in case of Raghuvar India [2000 (118) E.L.T. 311 (S.C.)]. The Rule 57CC, 80% amounts therefore, when recovered cannot cal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X