Appellate Tribunal upholds duty of Rs. 1,40,429 for modvat credit lapse. No notice issued, recovery stayed.

The Appellate Tribunal CESTAT, New Delhi confirmed duty of Rs. 1,40,429 against the appellant for failure to file a declaration for modvat credit while abandoning SSI exemption. No show cause notice was issued for duty recovery, but pre-deposit of duty amount was waived, and recovery was stayed pending appeal disposal.

---

---

The Appellate Tribunal CESTAT, New Delhi confirmed duty of Rs. 1,40,429 against the appellant for not filing declaration for modvat credit under notification no. 38/97 while abandoning SSI exemption under notification no. 16/97. No show cause notice issued for duty recovery. Pre-deposit of duty amount waived, recovery stayed till appeal disposal. Next hearing scheduled for 3-9-2004.

---