2005 (6) TMI 393

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....espondent. [Order]. - In this appeal the Appellants have contested the correctness of the impugned Order confirming the duty in respect of inputs as well as capital goods removed by them as such. 2.I have heard both sides and gone through the records. Perusal of the records shows that the appellants removed inputs as such from March, 2000 to January, 2000 (Sic.) after reversing the Credit taken....

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....served, after following the Larger Bench decision in CCE, Vadodara v. Asia Brown Boveri Ltd., 2000 (120) E.L.T. 228 (T-LB) = 2000 (39) RLT 575 (CEGAT-LB), that only credit is to be reversed on the clearances of inputs as such, prior to 1-3-2001 and in respect of clearances on or after 1-3-2001, duty at current rate is to be paid on sale price in view of amended provisions of Rules 57AB. Therefore,....

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...., after 1-3-2000 is provided. Therefore, the impugned Order confirming the duty of Rs. 5523/- in this regard is upheld. [3]3.Learned Counsel had contended that keeping in view the issue involved and the facts and circumstances, the penalty of Rs. 10000/- imposed on the Appellants deserved to be dropped. This contention of the Counsel, in my view, deserves to be accepted as there was no intention ....