TMI Blog2005 (7) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order]. Modvat credit of Rs. 52,000/- has been disallowed to the appellants on the ground that the same was taken on the basis of an invoice, which was whitened and the appellants name was written again on the same. In addition, personal penalty of Rs. 50,000/- has also been imposed. 2. The ld. advocate for the appellants clarifies that the capital goods i.e. moulds co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y thereafter the invoice in question was defaced by the jurisdictional Central Excise authorities and the credit taken. Show Cause Notice was issued almost after a period of more than two years. 4. After hearing the ld. D.R., I find that the appellants initially filed declaration with the Asstt. Commissioner on 3-6-97 for availing the credit in respect of the capital goods in terms of the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to take the credit. What has been made objectionable in the year 99, could have been taken note of by the authorities in the year 97 itself. As such I am of the view that the demand in question is hopelessly barred by limitation and on this short point itself and without going into the merits of the case, I set aside that part of the impugned order vide which demand has been confirmed and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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