2005 (1) TMI 724

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....ngs initiated by the Department against both the assessees. The Show Cause Notice dated 4.6.1996 alleged that M/s. India Cements Ltd. (ICL in short) holding Registration No. 1/92 (Cement) were the manufactures of cement falling under Chapter Heading No. 2502.29. Consequent on introduction of modvat credit on capital goods, they started filing declarations as required under Rule 57T of CE Rules. Th....

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....ioner, after due examination of the matter, upheld the assessee's contention that they were eligible to avail the modvat credit in respect of such capital goods installed in the assessee viz. ICL's factory. He also upheld the contention that the demands were barred by time as all the details had been declared in the RT-12s and the credit had been taken simultaneously and given to the asses....

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....om payment of duty if assembled at site of installation from duty paid engine and generator by virtue of Notification No. 56/95 dated 16.3.2005. The Commissioner also found from the records supplied by WDIL that the invoices evidenced payment of duty which was collected in the matter by WDIL and as they had not retained the duty with them, therefore, the question of attracting Section 11D does not....

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....ommissioner was set aside by allowing the appeals. The Tribunal held that Chemplast Sanmar Ltd. had not suppressed any facts with an intention to evade duty since they had filed all the declarations. The Tribunal upheld the contention on the availment of modvat credit in respect of the same goods as involved in the present appeal. The disallowance of modvat credit and imposition of penalty was set....