2001 (11) TMI 182

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....te Ore' falling under sub-heading 38.02 for which input material is the imported 'Perlite Ore'. In this case, they paid an additional duty of customs totally amounting to Rs. 1,41,744.20 on the Perlite Ore imported and cleared by them from ICD Tughlakabad, New Delhi vide Bill of Entry dated 10-8-93. These were transported to their factory at Kotdwar in trucks in different lots which were received ....

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....ly after the last consignment of the said Bill of Entry had been received by them on 14-9-93. But the party instead of following this procedure, took the full credit of CVD on 11-8-93 i.e., more than one month before the receipt of last part of the consignment of the said Bill of Entry. The Asstt. Commissioner in his order observed that the inadmissible Modvat credit was also utilised in violation....

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....he Modvat credit of the entire amount of the CVD paid on the consignment on receipt of the first lot on 11-8-93. It is stated that they have taken note of their lapse and would be careful in future. It is observed that in this case, the receipt of the entire quantity of the input material in the factory premises of the appellants is not in dispute. The payment of additional duty of customs in resp....