2001 (10) TMI 608

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..... Nankani, Advocate, for the Appellant. Shri B.B. Sarkar, JDR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. - These two applications relate to two appeals arising out of the same order. These are therefore being disposed off by this common order. 2. The Commissioner in the impugned order confirmed the duty of Rs. 70,61,816.29 on M/s. La Cure Pharmaceuticals Ltd., a....

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....ken Modvat credit. It is their claim that these documents, which are alleged to be fake, related to the supply of the goods on which the credit was not taken by them. It is their claim that the remaining credit was reversed by them properly on their conversion. 4. In support of this claim before the Commissioner in their reply to the show cause notice in paragraphs 4.1 and 4.11 they had re....

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.... on the Modvat credit of Rs. 2,71,668/- availed under Rule 57Q. The recovery is made on conversion to EOU unit. Counsel refer to Board's Circular No. 77/99, dated 18-11-1999 which very clearly states that in such situation although the balance or credit in stock is wiped out the credit earlier utilised need not be reversed. 6. The demand of Rs. 40,000/- is on account of incorrect entries b....