TMI Blog2001 (3) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... ms India (P) Ltd., against the above-mentioned order passed by the Assistant Commissioner of Central Excise, Chinglepet Division of Chennai-III Commissionerate wherein she disallowed Modvat credit of ₹ 16,90,269/- under Rule 57-I and imposed penalty of ₹ 1000/- under Rule 173Q. 2. The brief facts of the case are as under :- The appellant company is engaged in the manufacture of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o play in respect of credit availed on project input goods; without prejudice to the above argument the impugned goods mentioned in the show cause notice would be more appropriately classifiable under CSH 8419.00 and hence eligible for credit and finally pleaded to set aside the impugned order. 4. The matter was posted for hearing on 7-3-2001. Shri R. Muralidharan learned Cost Accountant appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2 to 4 of the show cause notice. On perusal of the relevant Bills of entry, I observe that the said goods mentioned in Sl. Nos. 2 to 4 have been imported under project import and the relevant classifiable mentioned as CSH 9801.00. The learned Cost Accountant argued that as per Rule 57Q(3) they are eligible for Modvat credit. For sake easy understanding let me reproduce the relevant portion of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. Since in the instant case the goods mentioned in Sl. Nos. 2 to 4 of the show cause notice have been imported under project import and CVD has been paid under CSH 9801.00 in the relevant Bills of entry, I hold the view that the same are eligible for Modvat credit under Rule 57Q(3). I direct the lower authority to extend the Modvat credit after verification I vacate the penalty imposed under Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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