2002 (9) TMI 587

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....Appellant. Shri Rajiv Tandon, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The dispute in this appeal relates to availment of Modvat credit in respect of inputs. The impugned order has disallowed the Modvat credit amount of over Rs. 2.5 crores and have imposed a penalty of Rs. 10 lacs on the appellant. The entire demand falls outside the normal period of six months fo....

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....learances of final products were under prescribed documents (invoice). Mostly returns showing such utilization of credits had also been filed. Learned Counsel pointed out that mere non-declaration of an input cannot be held as a case of suppression of facts with intent to evade payment of duty inasmuch as there is no evasion of duty resulting from non-declaration of an input. Instead, the appellan....

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....t credit should not be denied for technical breaches of the Modvat rules. 4. The finding in the impugned order "is that since the assessee manufacture number of items and they have declared number of inputs, it is very difficult to say from the duty paying document that particular input received by the assessee has been declared or otherwise". Resort to extended period has been justified h....