2012 (7) TMI 825

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....t Raichandani, Advocate, for the Respondent ORDER Heard both sides. 2. Revenue filed this appeal against the impugned order passed by the Commissioner (Appeals). 3. The brief facts of the case are that respondents are engaged in the manufacture of excisable goods PVC Resin falling under Chapter 39 of the Tariff and availing Modvat/Cenvat Credit facility on their imported raw material....

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....cision of the Tribunal relied upon by the Commissioner (Appeals) in applicants own case reported in 2003 (58) RLT 220 = 2003 (156) E.L.T. 96 (Tribunal) and the Revenue filed appeal and the appeal is pending on the Hon'ble High Court. The Revenue had not produced any order passed by the Hon'ble High Court staying the operation of the order or setting aside the decision of the Tribunal by the Hon'bl....

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....ee was liable for penalty under Section 11AC of the Central Excise Act, 1944 for the excess availment of Modvat/Cenvat Credit during the period after 1-4-2000". "Having considered the rival contentions, we are inclined to agree with the view taken by the Tribunal that in the facts and circumstances, when it is not in dispute that there is no diversion of the goods covered under the invoices in qu....

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....nt about the duty on the entire goods received and used in the factory, no curtailment of Modvat credit as evidenced by the invoices is permissible. The mode of proof of quantity and payment of duty on inputs received and used as input is by producing the invoices. Unless the invoices are found to be wrong or diversion of inputs received under invoices to any other use is found, there is no provis....