1999 (2) TMI 216

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....  Vide the impugned order, Modvat credit of Rs. 15,408.93 has been disallowed and penalty of Rs. 2,000/- has been imposed on the ground that the classification of the H.R. Sheets i.e. inputs, have been shown as 7802.29 in the invoice issued by the inputs' manufacturer whereas the correct sub-heading of H.R. Sheets is 7208.29. 2. I have heard Shri P.K. Bishnu, Manager (Legal) on behalf ....

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....dvat credit by holding that only M.S. Sheets (other than hot rolled) was declared by them in the Modvat credit and as such the availment of credit was illegal. The Commissioner (Appeals) on the same basis rejects the appeal. 4. I have seen the declaration dated 25-8-1988 filed by the appellants declaring the inputs as hot rolled classifiable under Heading 7208.29. It is disturbing that a ple....

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....as well as the Commissioner (Appeals). Mere wrong mentioning of sub-heading at one place of the invoice (whereas the other place mentioned it correctly) cannot be made the basis for denial of Modvat credit otherwise admissible to the appellants. The authorities are not disputing the duty paid character by the inputs, their receipt in the appellants' factory and their utilisation in the manufacture....

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....l after dispensation of condition of pre-deposit. Before I part, I would like to mention that the two case laws (i) Chetna Industries [1993 (63) E.L.T. 344 (Tribunal)] & Shriram Needle Bearing Industries Ltd. [1995 (78) E.L.T. 699 (Tribunal)] relied upon by the ld. JDR, Shri R.K. Roy which are in no way concerned with the facts of the instant case inasmuch as it was held in those cases that the Mo....