2001 (9) TMI 1152

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..... ent. ORDER The assessee availed of the scheme of Modvat and filed declarations, in terms of Rule 57G showing description of the final products and the description of the inputs. Some inputs were declared as "other electricals" showing the Chapter Heading as 85. In terms of this declaration the assessee took Modvat credit and utilised the same for payment of duty on the final products. They, howe .....

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..... sed. The Commissioner citing the Tribunal's judgment in the case of CCE v. Dooran Cables [1990 (47) E.L.T. 134 (T)] held that the monthly returns are only for arithmetical accuracy and could not support the assessee's contention. He directed reversal of Modvat credit to the extent of ₹ 15,975.93. He also imposed a penalty of ₹ 2,000/-. Hence the appeal. 3. I have heard Shri Vijay .....

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..... l times the data was available with the Department in another document. Since they were so recorded there is no doubt about the physical receipt of the inputs which had suffered duty and the utilisation thereof. Once in the face of a lacuna in the declaration also the Revenue does not raise any objection to complete assessment for a number of years, the Revenue cannot choose to allege suppression .....

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