2001 (1) TMI 621

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.... [Order]. - After dispensing with the condition of pre-deposit of duty amount of Rs. 86,441.00 and penalty of Rs. 5,000.00, I take up the appeal itself, as the issue lies in a narrow compass. 2. The appellants had filed a declaration on 24-11-1994 under provisions of Rule 57G declaring the inputs for the purpose of availing the Modvat credit. One of the inputs declared by the appellants w....

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.... for the said materials. Since it was not done, the availment of credit was incorret. 3. On the other hand, the appellants contended that they had been availing the Credit in respect of the said materials by declaring them as waste and scrap right from the inception of their factory. Inasmuch as the declaration in respect of the same very goods was already on record, they did not feel necess....

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....hnically speaking, the appellants should have filed a fresh declaration indicating a separate heading with the introduction of new Tariff Entry with effect from 16-3-1995. But the question is whether the same should result in denial of the substantive benefit of which the appellants are otherwise entitled. The answer to the question mentioned above, in my view, is that the appellants should not be....