Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2004 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (8) TMI 582 - AT - Central ExcisePenalty - stock of the goods lying in the factory premises of the respondents - shortage of glass bottles and LDPE bags - the respondents availed the Modvat credit - They admitted the shortage and attributed the same to the clerical calculation mistake in the record - Held that: - prayer of the Revenue for confirmation of the penalty - against the respondents under Rule 173-Q, cannot be sustained as the penalty could only be imposed under Rule 57(i) which pertains to the imposition of penalty in the case of wrongful availment of the credit - The amount already deposited by the respondents shall be adjusted/appropriated accordingly towards the duty - appeal disposed of
|