ESCORTS LTD. Vs. C.C.E.

JUDGEMENT

(1.) HEARD learned SDR, has none appeared on behalf of the appellant. Appellant filed appeal against the order in appeal passed by the Commissioner (Appeals).

(2.) APPELLANTS are engaged in the manufacture of railway equipments and removed inputs for further processing to their job work under Rule 57F of the Central Excise Rules 1944. The goods were removed under 4 Challans after reversing the duty at the rate of 10% under Rule 57F(4) of the Central Excise Rules. The certain goods were received back after processing within 180 days and the appellant availed the credit. Certain inputs were not received within 180 days. Regarding these inputs, the appellant reversed the whole of the credit. Show cause notice was issued to the appellant for denial of the credit in respect of the inputs, which were removed for job work under 4 Challans on the ground that all the inputs were not received back in full in the factory. The Adjudicating authority confirmed the demand and imposed the penalty.

(3.) COMMISSIONER (Appeals) reduced the penalty to Rs. 10, 000/ -, otherwise, upheld the demand.