2003 (5) TMI 399

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....lant. Shri M.H. Sheikh, JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. -  The appellants were issued a show cause notice for hiring contravene provision of Rule 57A and 57C in as much as they had availed Modvat credit on inputs which were used by them in manufacture of final products cleared under 'nil' rate of duty and had not reversed the said credit proportionatel....

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....A and 210 of the Central Excise Rules, 1944. The lower authorities confirmed the proposed demand and imposed a penalty of Rs. 6,28,131/- alongwith interest and imposed personal penalty of Rs. 50,000/- each on Shri C.A. Shenoy and Shri R.V. Shah. Being aggrieved the appellants filed an appeal. The learned Commissioner (Appeals) held that the notice was not time barred and even though the provisions....

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.... these facts and that the show cause notice was issued on 24-6-1997, we find force in the prayer made that heavy penalties imposed in this case are not called for. (b) From the show cause notice it is apparent that there was no allegation that returns of the credit being availed were not being sent to the Range Officers. The fact of suppression as alleged and that the appellants availed of....