2009 (5) TMI 730

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....llant. Shri R.P. Meena, SDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)]. - Vide the impugned order, the Commissioner (Appeals) denied Modvat credit of Rs. 1,26,950/- availed by the appellants and ordered its recovery and sustained penalty of Rs. 25,000/- imposed by the original authority. The appellants M/s. Johnson Lifts Pvt. Ltd. had received in the months of May & Jun....

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....deemed credit would not be available to inputs received beyond 30-4-2000 when the notification ceased to be in operation. In the appeal filed before the Tribunal, the appellants have relied on MF (DR) Circular No. 522/18/2000-CX dt. 31-3-2000 which had communicated the decision of the Ministry to the effect that Cenvat credit would be allowed in respect of stocks of inputs which were lying with th....

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....lants in respect of five invoices issued prior to 30-4-2000 under cover of which they had received re-rolled products etc. which were their inputs. Credit was denied on the sole ground that since the notification ceased to be in operation by 30-4-2000, the appellants were not eligible to the benefit of deemed credit in respect of inputs received beyond 30-4-2000. We find that the notification does....