2001 (2) TMI 634

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....se, the Asst. Collector of Central Excise, Saharanpur vide his Order dated 3-1-90 disallowed the Modvat credit of Rs. 34,668.90 to the appellants and further imposed a penalty of Rs. 500/- on them. The Asst. Collector in his order has observed that under GP.1 No. 60 dated 20-8-88, No. 84 dated 18-10-88 and No. 105 dated 29-12-88, the party availed the Modvat credit on the inputs described in the G....

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....mand for Rs. 11,556.30 being time barred and confirmed the balance of the amount relying on the ratio of similar decisions of the CEGAT. The Commissioner (Appeals) in his order observed that the Modvat credit is admissible only in respect of inputs where description given in the Modvat document is in total agreement with the specific description mentioned in the declaration filed under Rule 57G. ....

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.... and relevant Gate Passes. They have further stated that the classification under the tariff headings for the 'input' items and the final products as specified in their declaration is also not in dispute. In these circumstances, it is contended that there is no ground to deny the Modvat credit to them. I find force in the submissions of the appellants. I find that the description given in the Gate....