TMI Blog2009 (7) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... led declarations and in respect of some consignments, they have filed declarations but allegedly beyond the normal period of three months. On this ground the credit stands denied by the original authority which order has been upheld. A penalty of Rs. 5,000/- also stands upheld against the appellant. 4. Learned Company Secretary submits that the capital goods were received which were lying in the factory for some period awaiting installation. Since the capital goods were received shortly after introduction of credit on capital goods, the appellants were not knowing the procedure. However, they filed intimation before taking the credit though not within three months from the date of receipt of the goods. In some cases, the original authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .90 8-7-96 17-10-96 5. Parts of wire drawing machines 8479.90 11-7-96 17-10-96 Declaration filed after three months of the receipt of the goods 6. Electric weighing scale 8423.00 5-8-96 7-10-96 7. Wire but welding machines 8515.00 5-8-96 7-10-96 8. Gear Box 8483.00 12-5-96 - Not declared 9. Hydraulic Pallet Truck 84.26 2-9-96/ 4-8-96 - Not declared 10. Natural Diamond dies 8479.10 24-7-96 - Not declared 7.1 It is clearly noted that no declaration has been filed in respect of goods in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is brought to my notice by the Company Secretary that in rely to the show cause notice itself, they have made submissions that there is no dispute relating to the receipt of capital goods and its duty paid nature. Further, after issue of Notification dated 9-2-99, the Board has issued instructions not to issue show cause notice for recovery of Modvat credit on procedural lapse and also to dispose of pending cases. The purpose of said guidelines, in my opinion is that the Excise authorities should satisfy whether the goods have been used or for intended to be used as contemplated in the Modvat Rules. In this case, it is not being disputed that the said capital goods have been received and used in the factory of the appellants. Therefore, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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