TMI Blog1999 (2) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri G.B. Yadav, JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. The appellant in Appeal No. E/4642/94 is a manufacturer, inter alia of counting and measuring instruments. It manufactures some of these instruments under licence from two foreign companies Samson of Germany and Jaquet of Switzerland. The instruments manufactured in pursuance of the agreements bore on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso proposed. After considering the cause shown and hearing the noticees the Commissioner, in the order impugned in the appeal has confirmed the duty demanded, ordered, confiscation of these instruments and appropriation of Rs. 30,000/- deposited for their provisional release and imposed penalty on all the three. Hence these appeals. 2. The issue with regard to the availability of the notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the product in question, and that what appeared was only their name, that too incomplete is also in the assessees favour. The assessee was hence not dis-entitled to the benefit of the Modvat ratio. 3. It is contended with regard to the other aspect that the goods were not fully manufactured. They were precision instruments and had to be calibrated and accordingly marked in order for them to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cated for imposition of penalty on the other two appellants. It would appear that penalty is on the finding that the benefit of notification has been incorrectly available. Accordingly we allow those two appeals and set aside the penalty imposed. While the penalty on the assessee may appear to be also on account of failure to enter the goods in the record, we do not consider this penalty should be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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