9911796707
TMI Blog2006 (11) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order].- In these three appeals facts and legal provisions involved are the same. Therefore, they are taken up for consideration together and disposed of by this common order. 2. Heard both sides and perused records. 3. The appellant is a processor of Fabrics and those Fabrics were liable to Central Excise Duty at compounded rates. Processors were also entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above, revenue authorities issued show cause notices demanding duty not paid denying deemed credit and proposing imposition of penalty. Adjudication upheld the charges made in the notice. The present appeals are directed against the demands and imposition of penalty so made. The total amount of duty involved in these appeals is about Rs. 7 Lakhs (Rupees Seven Lakhs). 6. The submission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is also being pointed out that the appellant is not contesting the offence. 9. There is no dispute raised by the appellants about short levy. Therefore, no interference is called for in respect of the duty demands. Since para 7 of notification No. 53/2001 specifically forbids allowing of Modvat Credit in cases involving fraud, collusion, wilful misstatement etc. deemed Modvat credit of 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of penalty on the partner of the assessee for his involvement in the duty evasion. Intentional nature of the duty evasion and the appellant's role in it are brought out in the impugned order. Therefore, imposition of penalty is justified. However, the amount of penalty is reduced to Rs. 1.00 Lakh (Rupees One Lakh). 12. All the appeals are ordered in above terms. (Pronounced in the open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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