MEDICAMEN BIOTECH LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS appeal has been, directed against the impugned order -in -appeal dated 12 -6 -2002 vide which the Commissioner (Appeals) has affirmed the order -in -original of the Deputy Commissioner disallowing the Modvat credit of Rs. 2,08,500/ - and imposing penalty of Rs. 10,000/ -, on the appellants.

(2.) THE facts are not much in dispute. The appellants availed the Modvat credit of the above said amount on 30 -6 -99 in respect of the capital goods under Rule 57Q without any supporting duty paying documents. This credit had been disallowed to them on the ground that they did not seek any permission from the competent authority. However, the plea taken up by the appellants was that they earlier took the credit in September, 98 of this amount on the strength of 3 invoices, but they debited the credit on 19 -2 -99 on the ground that it was not admissible to them. But later on, they suo motu re -credited this amount in RG 23C Part -II, and as such could not be disallowed to them.

(3.) THE only issue involved in the appeal is as to whether the appellants after having once debited the credit on 19 -2 -99, could suo motu take credit again by re -crediting the same in RG 23C Part -II on 30 -6 -99.