Home Case Index All Cases Central Excise Central Excise + SC Central Excise - 2005 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (8) TMI 129 - SC - Central ExciseCenvat/Modvat Credit - Penalty - Denial of Exemption under under Rule 8 of the Central Excise Rules, 1944 - The ground of refusal, inter alia, was that the appellant had not produced the certificate of entitlement from the Registrar of Newspaper within the stipulated period specified in the notification and, therefore, had not fulfilled the pre-condition for the grant of exemption - whether the appellant is entitled to reverse the entry relating to the Modvat debited by it on the duty paid inputs during April 1995 - Held that:- Additionally, the appellant is aggrieved by the imposition of penalty on the appellant by the Assistant Commissioner of Central Excise. According to the appellant, it was denied the exemption for April 1995 because of the failure of the Registrar of Newspapers to issue the certificate of entitlement to the appellant within reasonable time - Accordingly, the Appeal is disposed of by permitting the appellant to reverse the debit entry relating to the consumption of pulp for the month of April, 1995, and also setting aside the penalty imposed by the Assistant Commissioner of Central Excise - Decided in favour of assessee.
|