TMI Blog2005 (5) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... The dispute in the present appeal relates to the denial of Modvat credit of Rs. 28,394/- claimed by the appellants as transitional credit under the provisions of Rule 57H. The appellants was working under compounded levy scheme, being re-rolling unit. However, the appellant opted out of the said scheme on 1-4-2000 and started availing the Modvat credit in respect of the raw materials lying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t credit should have been extended to them on the basis of original copies of the invoices, especially when there was no dispute about the receipt of the inputs, their duty paid character and utilization of the same in their factory. 3. I find force in the above contention of the ld. CA appearing for the appellants. Immediately, after filing the claim under Rule 57H, they have brought it to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants. The assessee has asked for transitional credit by lodging their claim of the same. If that is not admissible to the appellants as per the law, the authorities can deny the same but while denying the same, there is no justification for imposition of personal penalty upon them, inasmuch as no contravention can be said to have been committed by them. 4. In view of the foregoing I se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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