TaxTMI 
TaxTMI 
2002 (4) TMI 779
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....ent. [Order per : G.R. Sharma, Member (T)]. - This is an appeal against disallowance of Modvat credit and imposition of penalty. 2. The facts of the case briefly stated are that the appellants are engaged in the manufacture of EPS Moulded products for packing, EPS Sheet, EPS Block and EPS parts of Head Gear. Scrutiny of the Modvat documents revealed that the appellants had availed Modvat ....
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....ned Consultant submits that it was a mistake on the part of the clerk who was maintaining the documents and excise records. He submits that the clerk to create mischief changed the dates on the invoices. He submits that there was no dispute about receipt of the goods; that the duty paid character of the goods and use of inputs in the manufacture of the finished product is not disputed. He submits ....
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....nce has been taken on the finished goods when there was no sufficient balance to pay the duty amount. He submits that by manipulating invoices in respect of the inputs the appellants took credit on the date when the goods have not been received in the factory. He submits that law is very clear in this respect which says that no credit shall be taken unless the goods are received in the factory. Le....