2000 (5) TMI 697

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....JDR, for the Respondent. [Order]. - This appeal has been filed against the order of Commissioner (Appeals) wherein the Commissioner (Appeals) has confirmed the reversal of Modvat credit of Rs. 3,80,513/- and also penalty of Rs. 1.5 lac imposed under Rule 173Q(i)(bb) in contravention of Rules 57A, 57C and 57G. 2. Heard the learned Advocate Shri A.K. Biswas and the Departmental Represe....

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....ufacturing unit having become sick as per the certificate issued by Govt. of West Bengal, Director of Cottage of Small Scale Industries there being a prima facie case in favour of the appellants the insistent on the entire pre-deposit as per this order need not be insisted and appeal be taken up on merits. 3. Shri J.M. Kennedy, learned JDR insisted that the appeal should be dismissed for n....

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.... such inputs is required to be reversed. The Department should have given out a complete working of the amount of Rs. 3,80,513/- and the details as how the same has been arrived at. I find that as pointed out by the learned Advocate, the quantum of Rs. 2,99,740/- reversed by him as per his calculation, is not sufficient and adequate to cover ineligible credits, therefore, the reversal is required ....