2003 (2) TMI 384

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....ar, DR, for the Respondent. [Order]. - The brief facts of the case are that the appellants herein, who are manufacturers of electric wires and cables, were receiving various inputs for the manufacture of their final products. They had availed Modvat credit of Rs. 9,69,184/- (i) vide their RG 23A Part-II Entry No. 337, dated 22-4-94 on the strength of a Subsidiary Certificate No. 7/93-94, dat....

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....tral Excise, Pune, who confirmed the duty amount, but did not impose any penalty, although penal action was proposed in the notice. The Commissioner (Appeals) upheld the order of the Additional Commissioner; hence this appeal. 2. I heard Shri Kalpesh Shah, C.A. and Shri Parelkar, ld. DR. On reading of Rule 57G (2) proviso, as it stood during the relevant period, and C.B.E.C. Circular F. No....

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....r rods imported by the Urse unit, that subsequently Urse unit, applied for subsidiary certificate to their jurisdictional Central Excise Superintendent, sent copper rods to the Pimpri Unit under their Challan. The Pimpri unit kept aside the copper rods in a separate godown pending receipt of the subsidiary certificate from the Urse unit, which certificate was issued on 14-6-93 and thereafter forwa....

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....ssion, I hold that Modvat credit of Rs. 9,49,184/- is admissible to the appellants. The findings of the lower authority that credit is not admissible, as it was taken after a period of ten months from the issue of the duty payment certificate dated June, 1993 is not based upon the ground raised in the show cause notice and further the Rules as they stood during that period did not prescribe any pe....