2004 (7) TMI 419

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....i, DR, for the Respondent. [Order (Oral)]. - The appellants had cleared certain quantity of excisable goods to one of their customers, viz. M/s. Naga Oil Mills Co. Ltd. (NML, for short) on payment of duty from Modvat account at the rate of 30%. The payment was by mistake as the correct rate of duty on the goods at the material time was only 20%. On the basis of the invoice issued by the appe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ss duty of 10%) against the appellants. The original authority imposed a penalty of Rs. 5,000/- on the party, but the first appellate authority has reduced it to Rs. 500/-. The present appeal is against the demand of duty and the penalty. 2. Heard both sides. It appears from the records and submissions that M/s. NML legitimately took Modvat credit of the entire amount of duty paid on the g....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es, 1944. 3. Had the appellants claimed refund of the excess duty and obtained such refund in accordance with law, the Central Excise Range Superintendent, having jurisdiction over them, would have issued a certificate under Rule 57E, on the strength of which the Central Excise Range Superintendent, having jurisdiction over the buyer (NML) could have recovered equivalent amount of duty fro....