https://www.taxtmi.com/caselaws?id=756881 CESTAT Chandigarh allowed the appeal concerning wrongful availment of Modvat Credit and short payment of central excise duty. The tribunal held that Modvat Credit was rightfully availed in August 1997 as it was available until 01.09.1997 when notification 43/97 became applicable. Regarding duty payment, the tribunal found that the appellant operated under Rule 96 ZP(1) rather than 96 ZP(3), paying duty at Rs.400/- per MT. The demand based on annual production capacity was unsustainable since the Commissioner's order fixing capacity was previously set aside by the tribunal in a related case. The appellant had fully discharged duty obligations under Section 3A and Rule 96 ZP(1)(2). en-us Fri, 09 Aug 2024 00:00:00 +0530 Sat, 10 Aug 2024 20:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756881 CESTAT Chandigarh allowed the appeal concerning wrongful availment of Modvat Credit and short payment of central excise duty. The tribunal held that Modvat Credit was rightfully availed in August 1997 as it was available until 01.09.1997 when notification 43/97 became applicable. Regarding duty payment, the tribunal found that the appellant operated under Rule 96 ZP(1) rather than 96 ZP(3), paying duty at Rs.400/- per MT. The demand based on annual production capacity was unsustainable since the Commissioner's order fixing capacity was previously set aside by the tribunal in a related case. The appellant had fully discharged duty obligations under Section 3A and Rule 96 ZP(1)(2). Case-Laws Central Excise Fri, 09 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756881