2001 (3) TMI 1039

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..... Sharma (Technical Member) In the impugned order, the Commissioner held that "in view of above I hereby confirm the demand of Rs. 10,26,160.75 wrongly availed as modvat credit under Rule 57I read with proviso to section 11A(1) of the Act. I also impose a penalty of Rs. 11,00,000/- under Rule 173Q of the Rules." Being aggrieved by this order, the appellants have filed the captioned appeal. 2....

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....submits that photo stencil films and photo polymer films are similar goods as the one declared in the declaration. He submits that Rule 57G has since been modified stating that the declarations does not need detailed description of the goods and that such declarations which do not contain the detailed particulars may also be accepted. He submits that this amendment has been made applicable to the ....

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....the items in question were not correctly described in the declaration filed under Rule 57G, the authorities below rightly rejected their claim. He reiterates the findings of the authorities below. 6. We have heard the rival submissions. We note that Rule 57GF has since been amended. The CBEC under its Circular No. 441/7/99-CX dt. 23.2.99 [1999 (31) RLT M61] in para 3 clarified that "It should h....

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....ods ignoring minor procedural lapses in the declaration or in the invoice/document based on which credit is to be taken. However, the Assistant Commissioner should ensure that inputs/capital goods have suffered duty and are being used/are to be used in the process of manufacture. The Assistant Commissioner is also required to record the reasons in file for allowing Modvat credit in each case." ....