TMI Blog2023 (12) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... lant was purchasing scrap from Maruti Udyog at the rate of Rs. 9000/- 10000/- MT, it was selling the same at the rate of Rs. 7000/- 9000/- MT. Although before the original authority, the appellant appears to have set up a case of having graded the scrap according to quality and value, the said Authority had on a due appreciation of the evidence led, found no basis to accept that explanation an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 2. We note from a reading of the impugned order that the Tribunal has on a due consideration of the submissions addressed proceeded to record the following findings on facts : - 5. We have considered the submissions of both the sides. The case of the Revenue is based on the statements and the records seized by them specially the Scrap Selection Memos from the premises of Haryana Steel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Jangra no question has been put about the grading of the scrap received by Haryana Steel Alloys Ltd. and the work attended to by Shri Dharam Pal Jangra. We are, therefore, of the view that the Department has succeeded in making out a case of supplying wrong material by the appellants under the cover of invoices issued by Maruti Udyog Ltd. and passing on the benefit of Modvat Credit to their c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee and in that context it was held that a question of penalty would arise only if the demand of duty is sustained. In the present matter penalties have been imposed for wrongly passing on the Modvat Credit. We, therefore, find no reason to interfere with the impugned order as far as it pertains to the imposition of the penalty on both the appellants. The appeals are, therefore, rejected. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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