1991 (12) TMI 65

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....zin' cleared by the petitioner during the period January, 1989 to August, 1990 as also withdrawing the facility of taking MODVAT with immediate effect. 3. Shri Mathur submitted that all the necessary facts for availing MODVAT credit in terms of Rule 57A read along with Rules 57F, 57G, of Central Excise Rules, 1944 and other relevant rules on the subject were disclosed to the department and, therefore, the Respondent No. 2 was in error in applying the 5 years time period for raising demand against the petition under proviso to Rule 57(1) of the Central Excise Rules, 1944. In support of his contention Shri Mathur relied on M/s. Jayant Vitamins Ltd. v. Union of India -1991 (53) E.L.T. 278; Collector of Central Excise v. Chembhar Drugs & Lin....

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...., misleading the department by furnishing incorrect declaration intentionally and deliberately to avail MODVAT credit otherwise not admissible, removal of items which are not inputs for the final product and which has not been used in or in relation to manufacture of final product of Cephalzin and Cephadroxil, not filing the requisite declaration in terms of Notification No. 214/86, dated 1-3-1986, wilfully availing of the credit amounting to Rs. 73,38,597.50 in respect of items not declared, suppression of facts in respect of certain items and failing to maintain proper account. Adjudication order dated 10-6-1991 passed by the Respondent No. 2 after reciting facts and contentions of the petitioner and their Advocates, in discussion and fin....