TMI Blog1997 (6) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... : K.S. Venkataramani, Member (T)]. The appellants manufacture electric fans and parts thereof falling under Ch. 84 of Central Excise Tariff Act, 1985. Proceedings were initiated against the appellants for wrongly availing of deemed Modvat credit under Rule 57G(2) on aluminium alloy ingots which they received from the suppliers. The department alleged that these three suppliers had not paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this operation carried out by the suppliers does not amount to manufacture at all. The ld. counsel relied upon the Larger Bench decision of the Tribunal in the case of Machine Builders - 1996 (83) E.L.T. 576. The Larger Bench has held that where the goods are subject to conditional exemption notification, the department will have to carry out investigations to establish that the goods have been cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his case and accordingly the denial of deemed Modvat credit is justified. 4. On a careful consideration of the submissions we find substance in the submission made by the ld. DR A perusal of the show cause notice in this case shows that the challans under which input material was received from the suppliers by the appellants contained the following remarks - Exempted from payment of Central E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the challan as we find in this case was absent. The deemed credit was denied merely by taking recourse to the change in the wording of the proviso in the deemed credit order dated 20-5-1988. In these circumstances, in the facts of this case, we find that the denial of deemed credit is well-founded and needs no modification. However, a plea was made before us by the ld. counsel that the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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