2004 (10) TMI 406

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Order]. -  The appeal is directed against the denial of Modvat credit of Rs. 1,70,000/-. There is also equal amount of penalty on the appellant. 2. The submission made is that credit of Rs. 8,511/- has been denied on the ground that the input in question was used in the R&D department of the assessee. The learned Commissioner has relied on the decision of this Tribunal in the case of C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mains covered against the assessee by the decision of the Apex Court in the case of Osram Surya (P) Ltd. v. CCE, Indore, 2002 (142) E.L.T. 5 (S.C.). The learned Consultant appearing for the assessee, however, points out that the appellant had never utilised this credit and therefore the imposition of penalty was not justified. Since the credit has not been utilised at all, the imposition of penalt .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X