2010 (10) TMI 893

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ndia) Ltd., Bombay. For this purpose they receive duty paid materials like Dextrose Monohydrate, Tricalcium phosphate and Vitamin D and after carrying out the process of sifting & blending of these materials and quality testing, packed and cleared the resultant product "Glucose D" containing 100 gms, 200 gms and 500 gms with brand name "Glucovita". The final product is being cleared to M/s. Corn Products Company (India) Ltd. It was noticed that appellant was manufacturing and clearing the product without payment of Central Excise duty and without observing any central excise formalities. As it appeared that the product is excisable under Chapter sub-heading 1702.21 of Central Excise Tariff as 'preparation of other sugars' attracting basic e....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of limitation. The Tribunal also held that Board Circular No. 7/90, dated 7-3-1990 cannot be applied with retrospective effect. And the assessee is liable to discharge duty with effect from 7-3-1990 to 11-5-1990. Holding so, remitted the matter to the adjudicating authority to requantify the amounts. The adjudicating authority in remand proceedings has requantified the amount and directed the assessee to pay an amount of Rs. 1,33,062/- which was adjusted by the lower authority from the refund due to the assessee. Revenue is aggrieved by that portion of the order wherein the adjudicating authority has granted Modvat credit of an amount of Rs. 1,56,336/- to the assessee-respondent in this case. 4. The learned SDR while assailing the ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Revenue, I find that the Revenue has taken the following grounds in the grounds of appeal. "The duty liability was worked out on the basis of a Chartered Accountant's Certificate and the Modvat eligibility was arrived at based on the Chartered Accountant's Certificate and verification about duty paid nature of the raw material/packing material and the quantum of excise duty credit available thereon were not done. This is not in accordance with the Modvat Credit Rule/Rule 56A of Central Excise Rules, 1944." 8. It can be seen from the above reproduced grounds of appeal, that the Revenue's main bone of contention is that eligibility to modvat was arrived based on the Chartered Accountant's certificate and no verification was done ab....