2007 (4) TMI 82

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.... the appellant who is a registered dealer, stands confiscated with an option to them to redeem the same on payment of redemption fine of Rs. 2.40 lakhs and penalty of Rs. 50,000/- stands imposed on the M/s. M.H. Steel Corpn., on the ground that the MS scrap received by them from M/s. Mahendra Ugine has not been entered by them in their RG 23 D register, as required under Rule 57GG (3). It is the a....

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....obtained from the market. Although the present scrap found in the appellants stock, of a value of approximately Rs. 20 lakhs, was reportedly obtained from M/s. Mahindra Ugine, and also, the appellants were able to satisfy the authorities on this account, the fact remains that a large quantity of scrap obtained during the past few days continued to be accounted for till the date of seizure, thereby....

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....ake the Modvat credit in respect of the duty paid on the said input. As such, it is not understood as to how the non- entry of goods in RG 23D register act prejudice to the Revenue's interest. Learned DR has not shown to me that registered dealer is de-barred from dealing with non-modvatable input, in which case he would not be liable to make entry in RG 23D register. In a given case, the dealer m....