TMI Blog2005 (6) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... iff Act). In March 1998, they removed 20 computers to certain customers without payment of duty, claiming exemption under Notification No. 10/97-C.E., Other computers during this period were cleared to other customers on payment of duty. The removal of the exempted computers was accompanied by availment of input duty credit. This was objected to by the department who wanted to recover from the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant provisions of the Finance Act, 2005, cited by ld. DR, I find that an "explanation" has been added to Rule 57CC with retrospective effect so as to cover the period 1-3-1997 to 31-3-2000 providing for recovery of dues under the said Rule. The period of dispute in the instant case is comprised in the above period. In the result, any dues under Rule 57CC can be recovered from the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exonerate the affected parties from penal liability. Irregular availment of Modvat credit is not in dispute in this case. Penal provisions covering irregular availment of Modvat credit were pre-existing in this case. Hence there is no escape for the present assessee from penal liability. Thus the penalty will also stand affirmed. 4. In the result, the appeal gets dismissed. (Order dictated an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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