TMI Blog2015 (1) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... was recorded wherein he has clearly and categorically admitted and shown willingness to pay the duty upon the aforesaid wastage of iron which could not be shown due to the entries made in the register and it was again shown as a fresh raw material - when it is clear that the wastage of iron was shown as new raw material and when the appellant himself has agreed to pay the excise duty thereon, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms, Excise and Service Tax Appellate Tribunal, Mumbai in Appeal No. E/1995/2003. 3. The facts of the case are that the appellant is engaged in the business of manufacture of Cast Iron castings (C.I. Castings). The appellant has been working under the Modvat Scheme in as much as the inputs like pig iron and furnace oil are covered under the Modvat Scheme. On 2.5.1997, the Central Excise Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, which was found short and the same was not used in the manufacture of final goods, thereby resulting in wrong availment of Modvat credit. The Deputy Commissioner of Central Excise also imposed penalty of equal amount of ₹ 2 ,04,230 /-. 6. Being aggrieved by the aforesaid order passed by the Deputy Commissioner of Central Excise, the appellant - assessee preferred an appeal before the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well as while carrying out inspection, the statement of the appellant was recorded wherein he has clearly and categorically admitted and shown willingness to pay the duty upon the aforesaid wastage of iron which could not be shown due to the entries made in the register and it was again shown as a fresh raw material. In view of this peculiar facts and circumstances of the case. 10. In view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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