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of <h1>Tribunal Decision: Duty Demands Upheld, Penalties Reduced, Modvat Credit Disallowed</h1> <h3>NIRMAL OVERSEAS LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR</h3> NIRMAL OVERSEAS LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR - 2002 (149) E.L.T. 265 (Tri. - Del.) Issues:1. Central Excise duty demand confirmation, Modvat credit disallowance, and penalties imposition.Analysis:The judgment involves three appeals arising from a common Adjudication Order confirming Central Excise duty demand, disallowing Modvat credit, and imposing penalties on the appellants. The appellants, engaged in manufacturing HF/RF induction welders, faced allegations of issuing parallel invoices, wrong Modvat credit availment, and short payment of Central Excise duty. The Commissioner rejected their explanations, considering them as an afterthought. The appellants argued that the duty evasion occurred before penal provisions came into force, citing a precedent to support their stance.The learned Advocate contended that penalties imposed were excessive and invoked rules not mentioned in the show cause notice. The Respondent argued that Modvat credit was wrongly availed post-1996, justifying penalties. The Tribunal upheld the disallowance of Modvat credit, confirmed the duty demand related to parallel invoices, and directed the appellants to provide proof of export for specific invoices. The Tribunal also addressed penalties under various Central Excise Rules, reducing them for the appellants based on specific circumstances.The Tribunal referred to legal precedents to determine the applicability of penalties under different provisions of the Central Excise Act and Rules. It set aside penalties imposed without proper mention in the show cause notice and upheld penalties related to specific violations. The judgment focused on the factual and legal aspects of duty demand, Modvat credit disallowance, and penalties imposition, ensuring a fair and reasoned decision based on the submissions of both parties.In conclusion, the Tribunal disposed of the appeals by upholding certain duty demands, disallowing Modvat credit, setting aside specific penalties, and reducing penalties based on individual culpability. The judgment reflected a detailed analysis of the issues involved, considering legal provisions, precedents, and the specific circumstances of the case to deliver a balanced decision.
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