1997 (3) TMI 358

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..... the Respondent. [Order]. - In this case Modvat credit of Rs. 1,65,648.22 has been denied and a penalty of Rs. 2500/- has been imposed by the authorities below for the reason that Modvat credit had been availed by the respondents herein during the period March 1992 to July 1992 on roughly shaped forgings/roughly shaped flanges without their having been described properly in the 57G declaration .....

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..... d flanges, they manufactured their final product viz. flanges after subjecting the rough product on the machining/finishing. My attention has also been drawn to an affidavit at page 31 of the paper book sworn by the Director of the appellant company in which he has stated that the description forged flanges covers the description roughly shaped forgings. The submission of the appellants is, theref .....

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..... that the final product flanges is not disputed by the Department. Therefore, the appellants have offered a plausible and acceptable evidence that what they have received was roughly shaped flanges which were further subjected to the processes of finishing/machining to result in their final product, flanges. In this view of the matter, I hold that there is no ground for denial of Modvat credit to t .....

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