2000 (9) TMI 457

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s. [Order per : G.N. Srinivasan, Member (J)]. - This is an appeal filed against the decision of the Collector of Central Excise, Bombay-III made in Order-in-Original No. 64/94-Collr., dated 16-12-1994 whereunder he denied Modvat credit to the tune of Rs. 31,19,418/- and imposed a penalty of Rs. 2.00 lacs. 2. The appellants are engaged in the manufacture of patent or proprietary (P or P) m....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he parties, the adjudicating authority seeking to follow the judgment of the Tribunal in Tata Oil Mills v. CCE - 1990 (48) E.L.T. 279 denied the Modvat credit. Hence the present appeal. 3. Shri D.B. Shroff, the learned Advocate appeared for the appellants and Shri A. Chopra, the learned JDR appeared for the department. 4. Shri D.B. Shroff, the learned Advocate contended that when the p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... cleared for home consumption on payment of duty and, where for any reason, such adjustment is not possible, by refund to the manufacturer subject to such safeguards, conditions, and limitations as may be specified by the Central Government in the Official Gazette. Provided further that no such refund of credit of duty shall be allowed if the manufacturer avails of drawback allowed under the Cust....