2002 (1) TMI 78

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gth of endorsed invoices and invoice cum challan issued by M/s. MMTC. Indore and entries to the effect have been made in the statutory books of accounts. The assessee have also produced the documents to their jurisdiction Range Supdt. of Central Excise for verification and defacement. I also find that this has happened during the transitional period when there was a shifting from the old Gate Pass System to newly introduced Invoice System. I, therefore, take a lenient view so far imposition of penalty is concerned in this case and refrain from imposing any penalty. ORDER In view of the foregoing facts and circumstances, I disallow Modvat credit of Rs. 18,38,041.00 (Rupees Eighteen lac thirty eight thousand forty one only) availed by t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on of delay for making an application either before the Commissioner of Central Excise or before the Tribunal. 3.The respondents have vehemently opposed this application even to the extent of Condonation of delay or dispensing the order of pre-deposit since it has to be made by the appropriate authority or the Tribunal under the relevant act. As a result whereof there is no occasion for the Court to enter into the merit of the matter even if there is a justifiable cause or not carrying out the order of the Deputy Commissioner, Central Excise, Durgapur-II Division. Therefore, the consideration of the Court is restricted only on the aforesaid grounds. Parties have argued at length. Even at the stage of admission of the writ petition, the C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 29 (All.) (Modi Industries Ltd. v. State of U.P.) a Division Bench of Allahabad High Court held that a recovery proceedings under the Sales Tax of a Sick Industrial Company under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 or Rehabilitation Scheme can be made as against the sick unit. However, this judgment is in respect of the Sales Tax not in respect of Central Excise. But the earlier judgment is well considered in the point and even in respect of the excise duty. 5.However, learned Counsel appearing for the petitioners contended that the nine Judges Bench of the Supreme Court of India reported in 1997 (89) E.L.T. 247 (S.C.) = (1997) 5 SCC 536 (supra) cannot be applicable because such judgment is factua....