1996 (5) TMI 232

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....e applicants' appeal on merits, they are required to deposit a sum of Rs. 52,179/- by way of reversal of Modvat credit and Rs. 25,000/- towards penalty. 2. Shri Kohli, the ld. consultant, appearing for the applicants, submits that they have taken the credit on the Gate Passes issued by M/s. Resha Wires Pvt. Ltd. and those Gate Passes were duly authenticated and they have made the payment to ....

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.... Modvat credit, demand has been raised holding that the Modvat credit was not available, because the duty had not been paid by the supplier. When the fraud has been detected at the suppliers' side, invoking the extended period for purpose of raising demand under Rule 57-I does not appear to be bad in law. In any case, whether extended period can be invoked becomes a debatable issue. Prima facie it....