2006 (2) TMI 338

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....ndent. [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 find that the party have themselves admitted t....

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....n 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 relating to incorrect availment/utilisation of Modvat....

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....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 effort to remove un-accounted goods without payment of duty....