1992 (9) TMI 181

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....so imposed a penalty of Rs. 50,000/- on the appellants. 3. The facts that are required to be set out for disposal of the appeal are as follows :- The appellants are manufacturer of Room Coolers entitled to avail of Small Scale exemption under Notification 175/86. They also filed a MODVAT declaration on 18-1-1988 giving the list of inputs and the particulars of the final product and were availing the MODVAT Credit during 18-1-1988 to 31-3-1988. On 1-4-1988, they filed a fresh classification list for the financial year 1988-89, claiming scale exemption in terms of Notification 175/86 and in that classification list, they had indicated that No MODVAT would be availed of for the first clearance of Rs. 15 lakhs (Classification List dated 1....

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.... the charges were confirmed and the aforesaid order was passed. The present appeal is against that order. 4. Heard both the sides. The facts narrated above are not disputed by the ld. SDR. He pleaded that possibly the appellants have not produced the copy of C.L. dated 26-4-1988 before the Collector, in which case the Collr. might have taken a different view on the extended point. As regards delay in his filing of RT 12 returns, Shri Kapoor pleaded that because the excise records were taken away by the Income Tax authorities, there was a delay. But he pointed out that even after filing RT 12 returns, the Deptt. have taken more than six months to issue the S.C.N. His arguments were both on merits as well as on grounds of time bar. However....