2008 (11) TMI 172

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.... the Appellant. ShriN.J. Kumaresh, SDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)].- Appeals No. E/924/03, E/925/03 & E/932/03 are filed by the assessees and No. E/1193/04 is filed by the Revenue, all against Order in Original No. 23/2003 dated 15-7-03 passed by the Commissioner of Central Excise, Chennai-II, Commissionerate. 2. On 14-10-97, officers of the department visited ....

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.... MFPL and statements from several persons in support of their tentative findings. Adjudicating a show cause notice dated 7-10-1998, the Commissioner of Central Excise, Chennai-II demanded (a) Rs. 56,67,860/- & (b) Rs.11,69,516/- being irregular Modvat credit availed by SFSL (along with interest) and (i) Rs.12,29,349/- & (ii) Rs. 7,62,725/- being amounts of duty due on clandestine clearances of bri....

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....ore, the demand of duty for the alleged clandestine clearances of bright bars was not sustainable. SFSL had taken Modvat credit of duty paid on steel black bars, as they were inputs. SFSL were eligible for Modvat credit. SFSL did not manufacture any excisable goods. The charges of clandestine clearances of excisable goods without payment of duty and availment of irregular Modvat credit demanded in....

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....ht bars. We find that the Apex Court had observed as under in its judgment in Vee Kayan Industries v. Collector of Central Excise, Chandigarh (supra): "The Tribunal held that passing of the round bars through slight narrow diameter resulted in change of form and shape and since this transformation of round bars into bright bars resulted in bringing out a distinct and different commodity, the appe....