2001 (4) TMI 130

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Joglekar, Member (T)]. - On hearing Shri J.C. Patel, advocate for the applicants and Smt. Reena Arya for the Revenue, it appears that these appeals could be taken up for final disposal. This was done by granting waiver of pre-deposit of the duty confirmed and the penalties imposed. 2. Since the issues involved are the same, both appeals are being disposed of vide this common order. 3. M/s. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....99 [1999 (112) E.L.T. 353 (S.C.) = 1999 (84) ECR 4 (S.C.)]. In the meanwhile, however, such addition was mandatory. The Sinnar unit also rounded up the cost to the next higher complete rupee. 4. The Department studied the assessable value of the unfinished goods and the finished goods and found that where the unfinished goods were valued at about Rs. 60/-, the finished goods were valued at abou....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ming the duty he used the following phrase:- "The Modvat credit is admissible of the Central Excise duty paid. Whatever duty paid over and above required to be paid is not the duty paid to the Government but it is deposit. Therefore, apart from above legal position the duty which was paid by over-invoicing the Modvat to the extent of duty on such enhanced value is not admissible by receiving un....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uly accepted. We find absolutely no substance in the attempt of the learned Commissioner to convert a part of the duty so paid into "deposit of duty". There is no legal basis for such presumption. The rules entitled the recipient manufacturer to avail of the benefit of the duty paid by the supplier manufacturer. A quantum of duty already determined by the jurisdictional officers of the supplier un....