2002 (11) TMI 616

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....or the Respondent. [Order]. -  The notice issued to Indian Cordage Factory, the assessee, alleged short-payment of duty on quantities of nylon tapes that it manufactured and cleared between 6-8-1994 and 31-10-1994. After considering the reply, the Commissioner in his order has confirmed the demand for duty and imposed penalty of Rs. 5,000/- on the assessee as well as on Ram Todi, its pa....

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....to be paid. If these two sums are taken into account, there is no shortfall of duty. It further contended that the appellant was new assessee and leniency ought to be shown. The Commissioner did not accept these submissions. He said that during the period when the clearances were made for which duty had been demanded, the appellant was not availing Modvat credit. Therefore, the credit that was ava....

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....position is different with regard to the Modvat credit amount. The notice issued to the appellant under Section 11A(1) of the Act demanded duty that is short-levied. If the appellant had not paid the amount of Rs. 95,086.02 earlier, it would have been entitled, after the confirmation of the demand by the Commissioner, to pay it out of the amount available in its Modvat account. The manufacturer is....