9911796707
TMI Blog2007 (5) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... der]. - The relevant facts of the case, in brief, are that the appellants are engaged in the manufacture of plain shaft bearings and engine parts classifiable under Sub Heading 8483.90 and 8409.00 of the schedule to the Central Excise Tariff Act, 1985. The appellants were availing Modvat credit. A show cause notice dated 13-2-2002 was issued to the appellants as well as to the supplier of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02 (143) E.L.T. 221 (Sett. Comm.)]. He submits that the supplier of the inputs had already deposited the duty in terms of the Settlement Commissioner order. Therefore, the disallow of Modvat credit on the appellant is not justified. He further submits that the entire demand of duty is barred by limitation. He also produced a letter dated 7-2-2002 of the supplier of the inputs at this regard. 3.&e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing terms : (i) The correct amount of duty payable by the Applicant in this case is Rs. 60,54,828.00. The applicant have already paid an amount of Rs. 60,22,913/-. This payment has been confirmed by Revenue. The Applicant shall pay the balance amount of Rs. 31,915.00 within 30 days of the receipt of this order. (ii) The Applicant shall pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the Settlement Commission order, it is clear that the inputs supplier deposited the duty before the Settlement Commission and the Commissioner of Central Excise, Jamshedpur shall issue a certificate of payment of the amount of duty in terms of the said order to the concerned Commissioner. On the basis of the said certificate, the admissibility of the Modvat credit of the recipient of the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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