2003 (11) TMI 417

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..... jay Singhal, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The above application arises out of the order of the Commissioner (Appeals) confirming a duty demand of Rs. 38,36,207/- under Rule 57-I of the Central Excise Rules and imposing penalty of Rs. 20 lakhs under Rule 57-I(4) and Rule 173Q(1)(bb). The demand has been confirmed by disallowing Modvat credit to the appl .....

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..... s (inputs). In identical circumstances, the Tribunal vide order No. C.II/804/WZB/2001, dated 24-3-2001, has held that credit is admissible. Once the duty had been paid by the applicants on the final product cleared from their factory viz. automobile parts, prima facie, we see no reason why they should not be allowed to take credit of the duty paid on seamless pipes/tubes. We, therefore, waive pre- .....

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