1994 (4) TMI 159

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.... Shri N.K. Mandal, J.D.R, for the Respondents.  [Order per : K. Sankararaman, Member (T)]. -  M/s. Tata Engineering & Locomotive Co. Limited have filed this Appeal against the Order-in-Original No. 2/MP/Collr/88, dated 7-6-1988 passed by the Collector of Central Excise, Patna imposing on them a penalty of Rs. 50,000/-. The said penalty had been imposed on them for their having uti....

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.... the time of removal of the goods from their factory at Jamshedpur, no proper payment of duty as required, was paid and they had abused the Modvat facilities on all despatches of forgings to their Pune factory. The charge was held as established and the impugned order was passed imposing the penalty in question. 2. Shri N. Mookherjee, learned Counsel for the Appellants stated that the alleged i....

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...., the duty so paid would have been available to their Pune factory as Modvat Credit. Because it was paid at a later stage they had not claimed such Modvat Credit. Thus, instead of Government losing any revenue they had gained the amount without the same being utilised for payment of duty on the final product. This amounted to Rs. 14,70,613.10......... there was thus no loss of revenue and as they ....

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....t the Appeal be dismissed.  4. We have considered the rival contentions and also perused the record. The Collector, while observing in his order that their agrument that their action was because of their anticipation that the benefit of Notification 217/86-C.E. would eventually be extended to inter plant transfer of goods with retrospective effect was too far-fetched, had, nevertheless, ex....