GOLD LINE BATH FIXTURES (P) LTD. Vs. CCE

JUDGEMENT

(1.) THE appellant challenges the order of the Commissioner (Appeals) made on 30.11.2004, upholding the order -in -original by which it was held that, modvat credit of Rs. 1,37,741/ - on capital goods was not admissible to the appellant in the absence of a proper duty paying document, namely bill of entry, and imposing a reduced penalty of Rs. 20,000/ -.

(2.) THE appellant were engaged in the manufacture of taps and cocks and on scrutiny of the RT -12 returns, it appeared to the Revenue that modvat credit was taken on the capital goods. The appellant was asked to submit all modvatable invoices pertaining to the RT -12 returns, which were not submitted and therefore, show cause notice was issued on 24.9.1997 for recovery of the wrongly availed modvat credit and imposition of penalty.

(3.) THE Appellate Commissioner on perusal of the range file and documents held that there was no signature or stamp of the Customs Officer and no evidence to show that duty was paid. He, therefore, dismissed the appeal, while reducing the penalty.