9911796707
TMI Blog2004 (3) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... er]. - The appeal of the appellants is directed against the order-in-appeal passed by the Commissioner (Appeals), whereunder claim for Modvat has been denied and consequent demands have been confined against the appellants along with imposition of penalties. 2. Heard both sides. 3. (A) Credit of duty of Rs. 66,350/- taken in respect of computers has been denied on the ground that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants regarding defective inputs is concerned, no findings are visible in the order of the Commissioner (A), except taking note of the fact that, the appellants have made the necessary payment through PLA. On considering the appellant's submission, I note that, confirmation of this demand, is not justified, since the inputs were actually available in the factory. No contrary findings are avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s invisible loss. Drawing attention to the provisions of Rule 57D, the appellants are pleading that, this is a case of a part of input (axles) being contained in a waste/bye product/refuse etc, and consequently in terms of the said rule retention of credit on the full quantity is protected. On careful examination of the subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is set aside. 4. Coming to the penalties imposed, I note that the demand only to the extent of Rs. 66,350/- having been sustained, penalties imposed in respect of other demands have to be set aside and are so set aside. 5. So far as penalty of Rs. 1,00,000/- imposed in respect of the above amount is concerned, the same is quite excessive. Accordingly, I reduce the penalty from Rs. 1,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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