TMI Blog2008 (5) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... k, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. The benefit of Modvat credit stands denied to the appellants on the ground that same was availed on the basis of supplementary invoices issued by the appellant related unit M/s. Jaisingh Wires P. Ltd., who initially paid less duty by resorting to undervaluation of the goods supplied during July, 2000 to September, 2001 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y had paid the duty and informed the Superintendent Central Excise authorities on 5-12-2001 itself and issued supplementary invoices for the amount. It was submitted that there was no intent to evade duty and it was a case of pure oversight on the part of the company. 3. Heard both sides. We find that the appellants had paid the amount short paid on account of incorrect valuation of the goods o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only one inference that there was no mala fide on the part of M/s. Jaisingh Wires P. Ltd. and as such, the additional amount of duty so paid by them had not become recoverable by the reason of fraud, collusion or willful misstatement or suppression of facts. As such, the supplementary invoices so raised by them are not hit by bar of Rule 7(1)(b) of Cenvat Credit Rules, 2001/2002, We accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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