TMI Blog1999 (2) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... per : Gowri Shankar, Member (T)]. Application is for waiver of deposit of duty of Rs 97.91 lacs (approx) and penalty of Rs. 5.00 lacs. 2. Representative of the applicant says that the applicant received in August, 1995 various consignments under cover of duplicate invoices and took credit of the duty paid on them. Subsequently, the file containing these duplicate invoices was lost. On this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at credit was taken on goods received in the factory under the cover of duty paid invoices and that therefore credit has been rightly denied. Even if it is accepted that the documents were lost in the factory, credit would not be available, as has been held by the Tribunal in its decision in HCL Office Automation Ltd. v. C.C.E. - 1997 (95) E.L.T. 667. 4. The notice itself seem to accept that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prima facie disentitle the assessee in taking credit. In these circumstances, we accept the offer of the representative for the applicant to keep unutilised in the Modvat account of the applicant pending disposal of the appeal a sum of Rs. 25.00 lacs. On evidence of such credit being kept frozen in the Modvat account, we waive deposit of the duty demanded and penalty imposed and stay their recover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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