2006 (2) TMI 338

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....Rupesh Kumar, Advocate, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - Revenue's grievance in this appeal is that the Commissioner did not take penal action against the assessee for failure to enter daily production in the RG-1 record, and for taking ineligible Modvat credit on capital goods. The findings of the Commissioner on these two issues are as under : "13. I fin....

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....certained that the same have been cleared on payment of duty. Whether they had incorrectly availed and utilised Modvat credit of Rs. 18,44,740.00 on capital goods. 14. In view of Board's Circular No. 277/111/96-CX.6 dated 2-12-96 (F.No. 267/99/96-CX.8) clarifying the matter there is no merit left in the allegations made in the show cause notice and the proceedings on this account relati....

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....oskar Brothers Ltd. v. Union of India and Others - 1988 (34) E.L.T. 30 (Bom.). We find that the Larger Bench of this Tribunal has held in the case of Bhillai Conductors Ltd. v. Commissioner - 2000 (125) E.L.T. 781 that confiscation of manufactured goods found in the factory of production is not attracted. In the present case, there is not even an allegation of removal of non-accounted goods or ....