2004 (9) TMI 434

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....i B.L. Meena, SDR, for the Respondent. [Order (Oral)]. - This appeal is directed against the order-in-appeal No. 116/2003 (M-II), dated 20-10-03 passed by the Commissioner of Central Excise (Appeals), Chennai, by which the Commissioner has rejected the appeal filed by the assessee holding that since the inputs were received much before the crucial date viz. before 1-3-2002, the assessees are....

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....inated in the order of adjudication passed by the original authority whereby he has demanded duty of Rs 32,384/- being the Modvat credit taken by them, invoking the longer period of limitation in terms of Section 11A of the CE Act, read with Rule 12 of the Cenvat Credit Rules, 2002, apart from imposing penalty of equal amount in terms of Rule 13(1) of the Cenvat Credit Rules, 2002. He has also dem....

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....v. CC, Raipur reported in 2002 (147) E.L.T. 1104 wherein in identical circumstances, it was held that credit was admissible. The said decision has referred to the decision of the Larger Bench in the case of Hindalco Industries Ltd. (supra). 4. Heard Shri B.L. Meena, learned SDR. 5. Considered the submissions. I note that in identical situation, the Larger Bench in the case of Hinda....