1998 (6) TMI 337

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.... Willingdon & Associates, for the Appellant. Shri V.K. Puri, SDR, for the Respondent. [Order per : K.S. Venkataramani, Vice President]. -  The applications are for dispensing with the pre-deposit of duty Rs. 1,26,11,564/- as wrongly availed Modvat credit besides penalty Rs. 30.00 lakhs on the applicant firm and Rs. 2.00 lakhs on its Additional General Manager is applicant Shri S.R. Bansal.....

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....tted RT 12 returns for period prior to March 1996; they had in fact submitted Nil RT 12 returns for that period and the question of maintaining RG 1 production account will arise only after factory starts production which was in the month of March 1996. The Commissioner's finding that storage tanks are not capital goods is also not correct in law, because tanks have been held to be eligible for Mo....

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....ade an application for registration on 6-12-1994 which has been returned to them but the deeming provisions in Rule 174 of the Rules has prima facie not been considered and dealt with in the impugned order; sub-rule 9 of Rule 174 laid down that proper officer shall grant registration certificate under the Rule within 30 days of the receipt of an application, and if registration certificate is not ....