MUKAND LTD. Vs. THE COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS appeal is filed by the appellants wherein a demand of Rs. 9,62,033/ - was confirmed under Section 11A of Central Excise Act, 1944 read with Rule 14 of Cenvat Credit Rules, 2004 along with interest and equivalent amount of penalty under Section 11AC of Central Excise Act, 1944 read with Rule 15 of Cenvat Credit Rules, 2004.

(2.) THE facts of the case are that the appellants are engaged in manufacturing of EOT Cranes and cleared in knock -down condition to M/s. Satish Dhawan Space Centre and Defence Research Development Organisation at Nil rate of duty under dated 01/03/1997 as amended.

(3.) THE appellants have recovered the amount, so reversed, from their customers by way of raising separate commercial invoices in the form R -1 Series. It was alleged that the appellants have suppressed the value of product on the invoice at the time of clearance and have recovered the additional amount at later date by way of Commercial Invoice in Form R -1 Series.