TMI Blog2006 (1) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... is directed against the order in appeal which upholds the order wherein the appellants were denied the Modvat credit and penalty imposed on them. 2. The issue involved in this case is that the appellants are manufacturers of sugar in their factory and procured the inputs like Steel plates and dissolved acetylene gas for use in their factory. It is a admitted fact that the steel plates were used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der No. A/1561 - 62/05 dated 9.8.2005 and final order No. A/1763/05 dated 29.9.2005 in an identical issue of the credit of Modvat on the steel plates used by the manufacturers of sugar, granted relief to the appellants in that case. The ratio of the said case is squarely applicable in this case. Following the said decision I hold that the appellant are eligible to avail the benefit of Modvat credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is squarely covered by the ratio of the decision of the Larger Bench and hence the appellant are not eligible for the Modvat credit on the duty paid on such inputs. The appeal of the appellant to that extent is rejected. 6. As regards penalty I find that the appellant took credit of the duty paid on inputs based on the decided case laws on the issue and hence no malafide can be attached to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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