2007 (3) TMI 51

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....ko, Member (J)]. - Two of the three appeals are against an order passed by the Commissioner (Appeals) affirming two orders of the original authority for the periods 1999-2000 and 2000-2001. The third appeal is against another order of the Commissioner (Appeals) affirming an order of the original authority for the period 2001-2002. In respect of each of the three financial years, the department, af....

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....judication of this dispute that the original authority raised demands under Rule 57-I/Rule 57AH of the Central Excise Rules 1944 and imposed penalties on the appellants. The orders of that authority were affirmed by the Commissioner (Appeals), who, however, reduced the quanta of penalties. 2. On the last occasion, when the appeals arose before us, it was submitted by both sides that an identica....

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..... (supra), the Board's Circular No. 645-36-2002-CX dated 16-7-2002 had been relied on by the assessee. It is also found that, in all the cited cases, the Revenue had sought to deny Modvat/Cenvat credit on inputs, shortages of which had been written off in balance sheet. In one of the cases, the short age was found to be to the extent of 1.5% to 2% of the total quantity of inputs received in the fa....

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....the appellants are eligible for the benefit of the case law cited before us by learned counsel. In all the cited cases, the departmental demands were based on negligibly small quantities of inputs having been written off in the balance sheets of the companies concerned. In one of these cases, the quantity of inputs so written off was to the extent of 1.5% to 2% of the total quantity of inputs rece....